The AMERICAN SHORT LINE RAILROAD ASSOCIATION, et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Canadian Pacific Limited and The Chesapeake and Ohio Railway Company, et al., Intervening Petitioners,
Consolidated Rail Corporation and Chemical Manufacturers Association, Intervening Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 22, 1984.
Decided December 18, 1984.
Attorney(s) appearing for the Case
William Hughes Mulligan, New York City (Brian C. Mohr, Kathryn Keneally, Skadden, Arps, Slate, Meagher & Flom, New York City, Thomas C. Dorsey, Washington, D.C., James L. Howe, III, Roanoke, Va., Louis P. Warchot, San Francisco, Cal., Richard E. Weicher, Chicago, Ill., of counsel), for petitioners.
Craig M. Keats, I.C.C., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Barry Grossman, Margaret G. Halpern, Dept. of Justice, John Broadley, Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, Washington, D.C., of counsel), for respondents.
John L. Oberdorfer, Washington, D.C. (Allan A. Tuttle, Scott N. Stone, Patton, Boggs & Blow, Washington, D.C., David F. Zoll, Kenneth M. Kastner, Washington, D.C., of counsel), for intervening respondent Chemical Manufacturers Ass'n.
Bruce B. Wilson, Constance L. Abrams, Robert C. Lopardo, Philadelphia, Pa., of counsel, for intervening respondent Consol. Rail Corp.
Richard J. Flynn, Terence M. Hynes, Sidley & Austin, Washington, D.C., of counsel, for intervening petitioner Canadian Pacific Ltd.
Roland W. Donnem, Charles C. Rettberg, Jr., Rachel E. Geiersbach, Cleveland, Ohio, James C. Schultz, Emried D. Cole, Jr., Jacksonville, Fla., Urchie B. Ellis, Richmond, Va., of counsel, for intervening petitioner Chesapeake and Ohio Ry. Co., et al.
Before PIERCE and PRATT, Circuit Judges, and PALMIERI, Senior District Judge.
United States Court of Appeals, Second Circuit.
PIERCE, Circuit Judge:
This is an appeal from a decision of the Interstate Commerce Commission ("ICC" or "Commission"), Ex Parte No. 447, Petition to Delay Application of Direct Connector Requirement to Joint Rail Rates in General Increases, 367 I.C.C. 886 (1983), entered December 28, 1983, denying petitioning railroads' request to delay implementation of the "direct connector standard" of the Staggers Rail Act of 1980, Pub.L. No. 96-448, 94 Stat.1895, amended...
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