G. & T. TERMINAL PACKAGING CO., INC. and Anthony Spinale, Appellants,
v.
CONSOLIDATED RAIL CORPORATION.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 22, 1987.
Decided September 23, 1987.
Rehearing and Rehearing Denied October 22, 1987.
Attorney(s) appearing for the Case
David J. Golberg (argued), Warren, Goldberg, Berman & Lutitz, P.A., Princeton, N.J., for G. & T. Terminal Packaging Co., Inc. and Anthony Spinale.
Laurence Z. Shiekman (argued), Deborah F. Cohen, Jonathan M. Broder, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Paul A. Cunningham, Richard B. Herzog, Russell M. Blau, Pepper, Hamilton & Scheetz, Washington, D.C., for Consolidated Rail Corp.; Bruce B. Wilson, Constance L. Abrams, Consolidated Rail Corp., Philadelphia, Pa., of counsel.
David H. Baker, Dickson R. Loos, Holland & Knight, Washington, D.C., amicus curiae United Fresh Fruit & Vegetable Ass'n, Inc.
J. Thomas Tidd, Kenneth P. Kolson, Association of American Railroads, Washington, D.C., amicus curiae Association of American Railroads.
Daniel J. Sweeney, McCarthy, Sweeney & Harkaway, P.C., Washington, D.C., William J. Hanlon, Morristown, N.J., amici National Small Shipments Traffic Conference, Inc. and Drug and Toilet Preparation Traffic Conference, Inc.
Before GIBBONS, Chief Judge, and WEIS and ALDISERT, Circuit Judges.
United States Court of Appeals, Third Circuit.
Rehearing and Rehearing In Banc Denied October 22, 1987.
OPINION OF THE COURT
GIBBONS, Chief Judge:
Several rail shippers1 of agricultural commodities appeal from a summary judgment in favor of Consolidated Rail Corp. (Conrail) in their action to set aside rates fixed by Conrail for their shipments. The shippers' appeal poses the question whether the Congressional decisions in the Railroad Revitalization and Regulatory...
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