WESTERN COAL TRAFFIC LEAGUE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Intervenor.
AMERICAN PAPER INSTITUTE, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Intervenor.
CAROLINA POWER & LIGHT COMPANY, and Virginia Electric and Power Company, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Intervenor.
CAROLINA POWER & LIGHT COMPANY, and South Carolina Electric & Gas Company, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Association of American Railroads, Intervenor.
DUKE POWER COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
VIRGINIA ELECTRIC AND POWER COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
ALABAMA POWER COMPANY, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Southern Company Services, Inc., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
EDISON ELECTRIC INSTITUTE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 2, 1984.
Decided May 22, 1984.
Attorney(s) appearing for the Case
Harry H. Voigt, Washington, D.C., with whom Leonard M. Trosten, Michael F. McBride and Daniel J. Conway, Washington, D.C., for Edison Elec. Institute; William L. Slover, C. Michael Loftus and Donald G. Avery, Washington, D.C., for Western Coal Traffic League; John F. Donelan, Frederic L. Wood and John F. Donelan, Jr., Washington, D.C., for American Paper Institute, et al.; John R. Molm and Robert P. Edwards, Atlanta, Ga., for Southern Elec. System, et al., were on the joint brief, for all petitioners.
Charles Alan Stark, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, John Broadley, Gen. Counsel, I.C.C., Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III and Frederick Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Robert S. Burk, Atty., I.C.C., John P. Fonte and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents.
Paul A. Cunningham, Washington, D.C., with whom Harry N. Babcock, Cleveland, Ohio, Robert B. Batchelder, Omaha, Neb., Emried D. Cole, Jr., Louisville, Ky., Albert B. Russ, Jr., Jacksonville, Fla., James L. Howe, III, Richmond, Va., Kenneth P. Kolson, Washington, D.C., Thormund A. Miller, San Francisco, Cal., Hanford O'Hara, Washington, D.C., Frederick W. Read, III, Omaha, Neb., Charles C. Rettberg, Jr., Cleveland, Ohio, J. Thomas Tidd, Donal L. Turkal, Washington, D.C., Richard E. Weicher, Chicago, Ill., Arthur W. Adelberg, Robert M. Jenkins, III, and Marc D. Machlin, Washington, D.C., were on the brief for intervenor, Ass'n of American Railroads, in all cases.
Before WILKEY and GINSBURG, Circuit Judges, and PALMIERI, Senior District Judge for the Southern District of New York.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge GINSBURG.
GINSBURG, Circuit Judge:
In these requests for review of Interstate Commerce Commission (Commission or ICC) dispositions, petitioners urge us to look behind the two standard-applying decisions addressed in their petitions: Ex Parte No. 415, Railroad Cost of Capital — 1981, 365 I.C.C. 734 (1982), and Ex Parte No. 439, Railroad Revenue Adequacy — 1981 Determination, 47 Fed.Reg...
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