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ALABAMA PUBLIC SERVICE COM'N v. U.S.

No. 86-1629.

839 F.2d 815 (1988)

ALABAMA PUBLIC SERVICE COMMISSION, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents TLI, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1988.

As Amended April 6, 1988.

Attorney(s) appearing for the Case

Stanley W. Foy, Montgomery, Ala., for petitioner.

Dennis J. Starks, I.C.C., with whom Robert S. Burk, Gen. Counsel and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and Robert B. Nicholson and John P. Fonte, Dept. of Justice, Washington, D.C., were on the brief for respondents.

Timothy M. Walsh, Washington, D.C. and Rebecca E. Patton, Dallas, Tex., were on the brief for intervenor, TLI, Inc. Betty Jo Christian, Washington, D.C., also entered an appearance for intervenor.

Before GINSBURG and SENTELLE, Circuit Judges, and MARKEY, Chief Judge.

Opinion Per Curiam.

PER CURIAM:

The Alabama Public Service Commission (APSC) petitions for review of a decision of the Interstate Commerce Commission (ICC)1 permitting Trailways Lines, Inc. (Trailways)2, to increase its intrastate fares in Alabama. We deny the petition.

BACKGROUND

On April 8, 1986, Trailways filed with APSC tariff supplements reflecting a 32.6% increase in Alabama...

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