ILLINOIS COMMERCE COM'N v. I.C.C.

No. 83-1120.

749 F.2d 875 (1984)

ILLINOIS COMMERCE COMMISSION and People of the State of Illinois, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, National Association of Regulatory Utility Commissioners, Atchison, Topeka and Santa Fe Railway Company, et al., Alabama Public Service Company, Kansas Corporation Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1984.


Attorney(s) appearing for the Case

James E. Weging, Chicago, Ill., for petitioners.

Charles D. Gray, Washington, D.C., with whom Paul Rodgers and Genevieve Morelli, Washington, D.C., were on the brief, for intervenor National Association of Regulatory Utility Commissioners. Deborah A. Dupont, Washington, D.C., also entered an appearance for intervenor National Association of Regulatory Utility Commissioners.

John J. McCarthy, Jr., Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III, and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Laurence H. Schecker, Atty., I.C.C., Washington, D.C., also entered an appearance for respondents.

Betty Jo Christian, Washington, D.C., with whom Richard E. Weicher, Chicago, Ill., John J. Paylor, Cleveland, Ohio, Howard D. Koontz, Richard J. Schreiber, Chicago, Ill., James L. Howe, III, Richmond, Va., and Steven Reed, Washington, D.C., were on the brief, for intervenors Atchison, Topeka and Santa Fe Railway, et al. Charles N. Marshall, Atlanta, Ga., Hanford O'Hara, Washington, D.C., and Richard W. Kienle, Roanoke, Va., also entered appearances for intervenors Atchison, Topeka and Santa Fe Railway Company, et al.

Stanley W. Foy, Montgomery, Ala., was on the brief for intervenor Alabama Public Service Commission.

Dennis D. Ahlers, Wichita, Kan., was on the brief for intervenor Kansas Corporation Commission. Donald Low, Topeka, Kan., also entered an appearance for intervenor Kansas Corporation Commission.

David R. Richards, Austin, Tex., was on the brief for amicus curiae State of Texas urging reversal.

Before TAMM and SCALIA, Circuit Judges, and SWYGERT, Senior Circuit Judge.


Opinion for the court filed by Senior Circuit Judge SWYGERT.

Dissenting opinion filed by Circuit Judge SCALIA.

SWYGERT, Senior Circuit Judge:

The Illinois Commerce Commission ("Illinois") petitions for review of a decision of the Interstate Commerce Commission ("ICC"). Ex Parte No. 388 (Jan. 27, 1983), State Intrastate Rail Rate Authority—Pub.L. 96-448, 367 I.C.C. 149. The decision certifies the State commission to regulate intrastate...

Let's get started

Leagle.com

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