MIDTEC PAPER CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Chicago and North Western Transportation Company, American Paper Institute, Inc., Chemical Manufacturers Association, National Industrial Transportation League, Allied Corporation, et al., and Florida Phosphate Council and Growmark, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 17, 1988.
Decided September 16, 1988.
Attorney(s) appearing for the Case
Edward D. Greenberg, with whom David P. Street and Mark S. Kahan, Washington, D.C., were on the brief, for petitioner. Mark T. Priesing, Washington, D.C., also entered an appearance for petitioner.
Louis Mackall, Attorney, Interstate Commerce Com'n, with whom Robert S. Burk, General Counsel, Interstate Commerce Com'n, Ellen D. Hanson, Associate General Counsel, Interstate Commerce Commission, Catherine G. O'Sullivan and John P. Fonte, Attorneys, Dept. of Justice, Washington, D.C., were on the brief, for respondents.
Christopher A. Mills, Chicago, Ill., for intervenor Chicago and North Western Transp. Co.
R. Eden Martin, Chicago, Ill., David M. Levy, Washington, D.C., Donald H. Smith, Paul A. Cunningham, Robert M. Jenkins, III, David A. Hirsh, J. Thomas Tidd, Washington, D.C., Kenneth P. Kolson, Vienna, Va., and Constance L. Abrams, Philadelphia, Pa., were on the joint brief for amici curiae, The Ass'n of American Railroads and Consolidated Rail Corp., urging affirmance.
Frederic L. Wood, Nicholas J. DiMichael, John L. Oberdorfer, Scott N. Stone, David F. Zoll, Washington, D.C., Richard S.M. Emrich, Chicago, Ill., William L. Slover, Washington, D.C., John A. Vuono, Pittsburgh, Pa., C. Michael Loftus and Donald G. Avery, Washington, D.C., were on the joint brief for intervenors and amicus The National Industrial Transp. League, et al. John F. Donelan and John M. Cleary, Washington, D.C., also entered appearances for intervenors American Paper Institute, Inc. and National Industrial Transp. League.
Before BUCKLEY and D.H. GINSBURG, Circuit Judges, and GARTH, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge D.H. GINSBURG.
D.H. GINSBURG, Circuit Judge:
In this case we review a decision and order of the Interstate Commerce Commission in which the agency applied its newly-adopted rules governing "competitive access" in the railroad industry. Midtec Paper Corporation and the Soo Line Railroad filed a joint complaint alleging that the only railroad with rail trackage directly...
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