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UTAH POWER & LIGHT CO. v. I.C.C.

No. 83-1276.

747 F.2d 721 (1984)

UTAH POWER & LIGHT COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Denver and Rio Grande Western Railroad Company, et al., Utah Division of Public Utilities, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1984.

As Amended October 30, November 13 and 20 and December 18, 1984.

Attorney(s) appearing for the Case

Michael F. McBride, Washington, D.C., with whom Mindy A. Buren, Washington, D.C., was on the brief, for petitioner.

H. Glenn Scammel, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, John J. Powers, III, and John P. Fonte, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondents. Lawrence H. Richmond, Atty., I.C.C., Washington, D.C., also entered an appearance for respondent I.C.C.

Richard J. Metzger, Chicago, Ill., with whom Kendell T. Sanford, Denver, Colo., R. Eden Martin and Lawrence A. Miller, Washington, D.C., were on the brief, for intervenors Denver & Rio Grande Western R. Co., et al. David M. Levy, Washington, D.C., also entered an appearance for Denver & Rio Grande Western R. Co., et al.

Before WILKEY and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

Concurring Opinion filed by Circuit Judge GINSBURG.

MacKINNON, Senior Circuit Judge:

The Utah Power and Light Company ("Utah Power" or the "Utility") petitions for review of a decision of the Interstate Commerce Commission ("ICC"). That decision reversed an earlier decision of the Utah Public Service Commission ("Utah Commission") ordering the Denver and Rio Grande Western Railway Company...

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