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COMMISSIONER OF TRANSP. OF STATE OF N.Y. v. U.S.

No. 1424, Docket 84-4017.

750 F.2d 163 (1984)

The COMMISSIONER OF TRANSPORTATION OF the STATE OF NEW YORK, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided September 18, 1984.

Attorney(s) appearing for the Case

Carmine J. Clemente, Albany, N.Y. (Darrell W. Harp, William J. Dwyer, Eric M. Kerness, Albany, N.Y., counsel to the Com'r of Transp. of the State of N.Y., of counsel), for petitioner.

J. Paul McGrath, Washington, D.C. (John J. Powers, III, John P. Fonte, Dept. of Justice, John Broadley, Ellen D. Hanson, Evelyn G. Kitay, I.C.C., Washington, D.C., of counsel), for respondents.

Patrick J. Fogarty, Mineola, N.Y. (Lat J. Celmins, Phoenix, Ariz., of counsel), for intervenor.

Before KEARSE, PIERCE, and MARKEY, Circuit Judges.

PIERCE, Circuit Judge.

We consider herein a challenge to the action of the Interstate Commerce Commission ("ICC" or "Commission"), preempting New York State regulation of intrastate bus fares and prescribing such rates itself. We conclude that the ICC acted within the Bounds of its statutory authority and that its decision was neither arbitrary nor capricious. Consequently, we affirm.

I. BACKGROUND

In May of 1983, Greyhound Lines, Inc. ("Greyhound...

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