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POTOMAC ELEC. POWER CO. v. I.C.C.

No. 83-1820.

744 F.2d 185 (1984)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, and Public Service Commission of the District of Columbia, Intervenor-Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Consolidated Rail Corporation, Intervenor-Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1984.

Attorney(s) appearing for the Case

J. Raymond Clark, Washington, D.C., with whom Mary Todd Foldes and Samuel M. Thomasson, Jr., Washington, D.C., were on the brief, for petitioner.

Lloyd N. Moore, Jr., Washington, D.C., with whom Roberta Willis Sims, Washington, D.C., Acting Gen. Counsel, was on the brief, for intervenor-petitioner, Public Service Com'n of the District of Columbia.

Timm L. Abendroth, Washington, D.C., with whom John Broadley, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., J. Paul McGrath, Asst. Atty. Gen., John J. Powers III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

John A. Daily, with whom Paul A. Cunningham, Robert M. Jenkins III, and Marc D. Machlin, Washington, D.C., were on the brief, for intervenor-respondent, Consol. Rail Corp.

Before HARRY T. EDWARDS, SCALIA and FRIEDMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge FRIEDMAN.

FRIEDMAN, Circuit Judge:

This is another, and hopefully the last, round in the longstanding dispute before the Interstate Commerce Commission (Commission) over the reasonableness of railroad rates charged the petitioner, Potomac Electric Power Company (PEPCO), for the transportation of coal between Pennsylvania and Maryland. In the order under review, the Commission dismissed PEPCO's complaint challenging...

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