PITTSBURGH AND LAKE ERIE R. CO. v. I.C.C.

No. 85-1312.

796 F.2d 1534 (1986)

PITTSBURGH AND LAKE ERIE RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Consolidated Rail Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 1986.


Attorney(s) appearing for the Case

Fritz R. Kahn, Washington, D.C., with whom Richard R. Wilson and Mark J. Andrews, Washington, D.C., were on brief, for petitioner.

Louis Mackall, I.C.C., with whom Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Catherine G. O'Sullivan and John P. Fonte, Dept. of Justice, Washington, D.C., were on brief, for respondents.

Paul A. Cunningham, with whom Robert M. Jenkins, III, Marc D. Machlin, Washington, D.C., and Constance L. Abrams, Philadelphia, Pa., were on brief, for intervenor, Consol. Rail Corp., Bruce B. Wilson and Richard A. Mehley, Philadelphia, Pa., also entered an appearance for intervenor, Consol. Rail Corp.

Before GINSBURG, BORK and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

The Pittsburgh and Lake Erie Railroad Company ("P & LE") petitions for review of a decision by the Interstate Commerce Commission in which the Commission dismissed a complaint that challenged the cancellation by Consolidated Rail Corporation ("Conrail") of several joint rates. These joint rates had been applicable to through routes on which Conrail and P & LE were participating...

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