RAILROAD COM'N OF TEXAS v. UNITED STATES

No. 84-1180.

765 F.2d 221 (1985)

The RAILROAD COMMISSION OF TEXAS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Association of American Railroads, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1985.


Attorney(s) appearing for the Case

J. Scott Wilson, Austin, Tex., with whom David R. Richards, Austin, Tex., was on brief, for petitioner. Walter Davis, Austin, Tex., entered an appearance for petitioner.

H. Glenn Scammel, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Acting Gen. Counsel, 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. Lawrence H. Richmond and John Broadley, Attys., I.C.C., Washington, D.C., entered appearances for respondents.

Betty Jo Christian, Washington, D.C., with whom Stephen Ailes, J. Thomas Tidd and Samuel M. Sipe, Jr., Washington, D.C., were on brief, for intervenor Ass'n of American RR. Charles G. Cole and Steven Reed, Washington, D.C., entered appearances for intervenor.

William L. Slover, C. Michael Loftus, John H. LeSeur and Kelvin J. Dowd, Washington, D.C., were on brief for amicus curiae, Western Coal Traffic League, urging reversal of the I.C.C.'s decision in Ex Parte No. 388 (Sub-No. 31).

Before WRIGHT, MIKVA and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This action is brought by the Railroad Commission of Texas ("Railroad Commission" or "RCT") challenging a decision of the Interstate Commerce Commission denying RCT the requisite certification under federal law for a state authority to be empowered to regulate intrastate rail traffic. The Railroad Commission raises both procedural issues and the substantive claim that the ICC's decision...

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