SALT RIVER PROJECT AGR. IMP. v. UNITED STATES

No. 83-2331.

762 F.2d 1053 (1985)

SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Southern Pacific Transportation Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1985.


Attorney(s) appearing for the Case

Richard S.M. Emrich, Chicago, Ill., for petitioner.

Henri F. Rush, Associate Gen. Counsel, I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Robert S. Burk, Acting Gen. Counsel, I.C.C., John J. Powers, III, George Edelstein, Attys., Dept. of Justice, Timm L. Abendroth, and Lawrence H. Schecker, Attys., I.C.C., Washington, D.C., were on the brief, for respondents. John P. Fonte, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent U.S. of America.

Louis P. Warchot, San Francisco, Cal., with whom Stuart E. Vaughn, Chicago, Ill., was on the brief, for intervenor. Thormund A. Miller, San Francisco, Cal., also entered an appearance for intervenor.

Before TAMM and WALD, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge TAMM.

Concurring opinion filed by Circuit Judge WALD.

TAMM, Circuit Judge:

Salt River Project Agricultural Improvement and Power District (Salt River) petitions this court to review a final decision of the Interstate Commerce Commission (ICC or Commission) that Southern Pacific Transportation Company (Southern Pacific) lacks market dominance. As a result of its market dominance determination, the ICC lacks...

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