No. 83-4119.

727 F.2d 542 (1984)

PETROU FISHERIES, INC., International Proteins Corporation and Atlantic Shippers of Baltimore, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

March 23, 1984.

Attorney(s) appearing for the Case

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, J. David Forsyth, New Orleans, La., Augello, Pezold & Hirschmann, Huntington, N.Y., for petitioners.

Charles A. Stark, Atty., I.C.C., Barry Grossman, John P. Fonte, Dept. of Justice, Washington, D.C., for respondents.

Esmond Phelps, II, New Orleans, La., John A. Daily, Philadelphia, Pa., for Baltimore & Ohio R.R. Co., et al., intervenors.

Before CLARK, Chief Judge, POLITZ and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

Whether the market dominance requirement of the Railroad Revitalization and Regulatory Reform Act of 1976 (the 4R Act)1 should be applied retroactively to proceedings commenced before enactment of the 4R Act is the issue presented to this Court. We hold that the market dominance requirement should not be applied retroactively and, hence, we reverse the Interstate Commerce Commission's (ICC) decision and remand for...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases