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SIMMONS v. I.C.C.

No. 82-1503.

757 F.2d 296 (1985)

Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1985.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C., for petitioner.

H. Glenn Scammel, Atty. I.C.C., Washington, D.C., with whom John Broadley, General Counsel, Ellen D. Hanson, Associate General Counsel, Interstate Commerce Commission, John J. Powers, III and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Robert B. Nicholson and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent Dept. of Justice.

Hollis G. Duensing, Washington, D.C., entered an appearance for intervenor Association of American Railroads.

Before WRIGHT, MIKVA and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This petition presents a challenge to the Interstate Commerce Commission's decision to eliminate from the annual reports required to be filed by railroads certain schedules that do not, in the Commission's judgment, contain any information "needed by the Commission on a regular and frequent basis." The basis of challenge is that the Commission took no account of the fact that the deleted...

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