ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
The Association of American Railroads, Pielet Brothers Scrap Iron & Metal Inc., Pielet Brothers Trading Corp., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 1, 1988.
Decided July 8, 1988.
Attorney(s) appearing for the Case
J. Michael Hemmer, with whom Robert D. Fram, J. Thomas Tidd, Kenneth P. Kolson, Robert B. Batchelder, Washington, D.C., Larry D. Starns, Fred R. Birkholz, James L. Howe, III, Roanoke, Va., Robert T. Opal, Guy Vitello, Chicago, Ill., and John S. Walker, Denver, Colo., were on the brief, for petitioners and intervenor, Ass'n of American Railroads. Michael Boudin, Washington, D.C., also entered an appearance for intervenor, Ass'n of American Railroads.
Craig M. Keats, Deputy Associate General Counsel, Cecelia E. Higgins, Atty. I.C.C., John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the joint brief for respondents, I.C.C. and United States of America.
Stephen D. Strauss, Cincinnati, Ohio, and Stephen C. Herman, Chicago, Ill., were on the joint brief of intervenors, Pielet Brothers Scrap Iron & Metal, Inc. and Pielet Brothers Trading Corp.
Before WALD, Chief Judge, ROBINSON and RUTH BADER GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.
RUTH BADER GINSBURG, Circuit Judge:
Section 204(e) of the Staggers Rail Act of 1980 (Act), codified at 49 U.S.C.App. § 10731(e) (1982), caps the rate a rail carrier may charge shippers for transport of nonferrous recycled or recyclable materials. Shippers who have paid rates exceeding the ceiling may file complaints with the Interstate Commerce...
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