EDISON ELECTRIC INSTITUTE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Association of American Railroads, Tampa Electric Company, Carolina Power & Light Company, Western Coal Traffic League, Alabama Power Company, et al., Eastern Coal Transportation Conference, Intervenors.
EDISON ELECTRIC INSTITUTE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Tampa Electric Company, Association of American Railroads, Duke Power Company, Carolina Power & Light Company, Commonwealth Edison Co., et al., Intervenors.
ALABAMA POWER COMPANY, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Commonwealth Edison Co., et al., Intervenors.
WESTERN COAL TRAFFIC LEAGUE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
EASTERN COAL TRANSPORTATION CONFERENCE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 15, 1985.
Decided June 21, 1985.
As Amended June 21 and September 18, 1985.
Attorney(s) appearing for the Case
John R. Molm, Atlanta, Ga., with whom Robert P. Edwards, Jr., Charles V. Gerkin, Jr., Atlanta, Ga., Leonard M. Trosten, Harry H. Voigt and Michael F. McBride, Washington, D.C., were on the brief, for petitioners in Nos. 84-1044 et al. William L. Slover, Donald G. Avery and C. Michael Loftus, Washington, D.C., entered appearances for petitioners in Nos. 84-1151 and 84-1152.
Laurence H. Schecker, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Acting Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents in Nos. 84-1044 et al. Barry Grossman, Washington, D.C., entered an appearance for respondents.
Kenneth P. Kolson, Washington, D.C., with whom Robert B. Batchelder, Omaha, Neb., Emried D. Cole, Jr., Jacksonville, Fla., James L. Howe, III, Richmond, Va., Thormund A. Miller, San Francisco, Cal., Charles C. Rettberg, Jr., Cleveland, Ohio, Donald L. Turkal, Washington, D.C., Stuart E. Vaughn and Richard E. Weicher, Chicago, Ill., were on the brief, for intervenor Association of American Railroads in Nos. 84-1044 and 84-1122.
John F. Donelan, Washington, D.C., Frederic L. Wood and John F. Donelan, Jr., Washington, D.C., entered appearances for intervenors Carolina Power & Light Company and Tampa Electric Company in Nos. 84-1044 and 84-1122 and Duke Power Company in No. 84-1122.
C. Michael Loftus and Kelvin J. Dowd, Washington, D.C., entered appearances for intervenor Eastern Coal Transportation Conference in No. 84-1044.
William L. Slover and Donald G. Avery, Washington, D.C., entered appearances for intervenor Western Coal Traffic League in No. 84-1044.
John R. Molm, Robert P. Edwards, Jr. and Charles V. Gerkin, Jr., Atlanta, Ga., entered appearances for intervenors Alabama Power Company, et al. in No. 84-1044.
Charles J. McCarthy and John M. Cutler, Jr., Washington, D.C., entered appearances for intervenors Commonwealth Edison Company, et al. in Nos. 84-1122 and 84-1123.
Before TAMM, WALD and BORK, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BORK.
BORK, Circuit Judge:
The petitioners in these consolidated cases1 challenge four final orders issued by the Interstate Commerce Commission ("Commission" or "ICC") in the course of ongoing proceedings in Ex parte No. 290 (Sub-No. 2), Railroad Cost Recovery Procedures. Each of the orders2 involves the same underlying issue: whether the Northeast...
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