SEA-LAND SERVICE, INC. v. I.C.C.

No. 82-1136.

738 F.2d 1311 (1984)

SEA-LAND SERVICE, INC. and Sea-Land Freight Service, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1984.


Attorney(s) appearing for the Case

George W. Selby, Jr., Washington, D.C., with whom David G. Macdonald, John T. Downing, Washington, D.C., and B. Carlton Bailey, were on the brief, for petitioners. Harry J. Jordan, Washington, D.C., also entered an appearance for petitioners.

Robert J. Wiggers, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., John J. Powers, III, Atty., Dept. of Justice, Robert S. Burk, Deputy General Counsel, Ellen D. Hanson, Associate General Counsel and H. Glenn Scammel, Atty., Interstate Commerce Commission, Washington, D.C., were on the brief, for respondents. Kathleen M. Dollar, Atty., Interstate Commerce Commission, Washington, D.C., also entered an appearance for respondent Interstate Commerce Commission.

Before ROBINSON, Chief Judge, WILKEY, Circuit Judge, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

Petitioners challenge an Interstate Commerce Commission ("ICC") decision accepting for filing certain contract rates of the Alaska Railroad ("ARR"), a federally owned and operated rail system under the control of the President. In January 1983, we suspended consideration of this case pending Executive clarification of the ICC's authority to issue final orders regarding...

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