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RAILWAY LABOR EXECUTIVES' ASS'N v. I.C.C.

No. 86-1498.

819 F.2d 1172 (1987)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Rochester and Southern Railroad, Inc., Baltimore and Ohio Railroad Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Richard S. Edelman, with whom John O'B. Clarke, Jr. was on the brief, for petitioner. William G. Mahoney and Kimberly A. Madigan also entered appearances for petitioner.

Louis Mackall, Atty., I.C.C., with whom Robert S. Burk, General Counsel, John J. McCarthy, Jr., Deputy Associate General Counsel, I.C.C., John J. Powers III and Robert J. Wiggers, Attys., Dept. of Justice, were on the brief, for respondents.

Peter J. Shudtz, Lawrence H. Richmond, and Fred G. Aten, Jr. were on the joint brief, for intervenors.

Teresa D. Johnson also entered an appearance, for intervenor, Rochester and Southern Railroad, Inc.

Before EDWARDS and SILBERMAN, Circuit Judges, and Senior District Judge PARKER, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitioner, an organization representing the presidents of various rail labor unions, asks us to set aside an order of the Interstate Commerce Commission ("ICC" or the "Commission") granting an exemption under 49 U.S.C. § 10505 (1982) from prior approval requirements to a noncarrier acquiring 103 miles of a marginally profitable rail line together with 14.3 miles...

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