NORFOLK & WESTERN RAILWAY COMPANY, et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
National Association of Recycling Industries, Inc. Aluminum Association, Inc., Consolidated Rail Corporation, Reynolds Metal Company, Fort Howard Paper Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 6, 1984.
Decided July 19, 1985.
Attorney(s) appearing for the Case
Michael Boudin, Washington, D.C., with whom Eugene D. Gulland, J. Michael Hemmer, Michael P. Richman, Washington, D.C., Howard D. Koontz, Chicago, Ill., Richard W. Kienle, Roanoke, Va., Stuart E. Vaughn, Chicago, Ill., Richard Weicher, Chicago, Ill., Shirley A. Brantingham, St. Paul, Minn., John Paylor, Cleveland, Ohio, Albert B. Russ, Jr., Jacksonville, Fla., and James L. Howe, III, Richmond, Va., were on brief, for petitioners. Harry N. Babcock, Cleveland, Ohio, and W. Donald Boe, Jr., Omaha, Neb., entered appearances for petitioners.
Craig M. Keats, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, I.C.C., J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Henri F. Rush, Associate Gen. Counsel, I.C.C., John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.
Edward L. Merrigan, Washington, D.C., for intervenor National Ass'n of Recycling Industries, Inc.
William L. Slover, C. Michael Loftus and John H. LeSeur, Washington, D.C., were on brief, for intervenor Fort Howard Paper Co.
Dickson R. Loos, Washington, D.C., for intervenor Aluminum Ass'n, Inc. Craig Goodrich, Washington, D.C., entered an appearance for intervenor.
John A. Daily, Philadelphia, Pa., was on intervenor Consolidated Rail Corporation's letter supporting petitioners.
Before GINSBURG, BORK and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BORK.
Dissenting opinion filed by Circuit Judge STARR.
BORK, Circuit Judge:
Thirty-six railroads petition for review of an Interstate Commerce Commission order. The Commission decided that shippers may seek reductions and refunds of certain individual rail freight rates for recyclable products. In National Association of Recycling Industries, Inc. v. ICC,660 F.2d 795
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