ALUMINUM CO. OF AMERICA v. UNITED STATES

No. 84-1491.

790 F.2d 938 (1986)

ALUMINUM COMPANY OF AMERICA, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1986.


Attorney(s) appearing for the Case

Dickson R. Loos, with whom David H. Baker, Washington, D.C., was on the brief, for petitioner.

H. Glenn Scammel, Atty., I.C.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Acting Gen. Counsel, I.C.C., Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., and John J. Powers, III, and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Robert B. Batchelder, with whom Lawrence E. Wzorek, Omaha, Neb., and John P. Legendre, Dallas, Tex., were on the brief, for intervenor Missouri Pacific R. Co.

Barry J. Brooks, Dallas, Tex., entered an appearance for intervenors Point Comfort & Northern R. Co., et al.

Before BORK and SCALIA, Circuit Judges, and MACKINNON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Congress, concerned that states had been exercising their traditional authority over intrastate rail commerce in a manner that contributed to the railroad industry's financial difficulties, see Texas v. United States, 730 F.2d 339, 346 (5th Cir.), cert. denied, ___ U.S. ___, 105 S.Ct. 267, 83 L.Ed.2d 203 (1984), adopted in 1980 those...

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