STATE OF TEX. v. UNITED STATES

Nos. 84-4184, 84-4249.

761 F.2d 211 (1985)

The STATE of TEXAS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, v. GREYHOUND LINES, INC., and Trailways, Inc., et al, Intervening Respondents.

United States Court of Appeals, Fifth Circuit.

May 28, 1985.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Justin Scott Wilson, Asst. Atty. Gen., Austin, Tex., for petitioner.

William French Smith, Atty. Gen., John W. Powers, III, John P. Fonte, Antitrust Div., Dept. of Justice, John Broadley, Gen. Counsel, Edward J. O'Meara, I.C.C., Washington, D.C., for respondents.

Rebecca Patton, Trailways, Inc., Leroy Hallman, Dallas, Tex., for Trailways Lines, Inc. et al.

Lat J. Celmins, Robert D. Rierson, Phoenix, Ariz., for Greyhound Lines, Inc.

Before JOHNSON and HILL, Circuit Judges, and BOYLE, District Judge.


ROBERT MADDEN HILL, Circuit Judge:

I. Background

This is a consolidated appeal in which the State of Texas seeks review of two Interstate Commerce Commission (ICC or Commission) decisions setting aside the decision of the Railroad Commission of Texas (RCT), which denied bus service rate increases requested by Greyhound Lines, Inc. (Greyhound). In proceedings before the RCT, Greyhound sought a 15% increase in its Texas intrastate passenger rates and...

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