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BROTHERHOOD OF RY. CARMEN v. I.C.C.

Nos. 88-1724, 88-1694.

880 F.2d 562 (1989)

BROTHERHOOD OF RAILWAY CARMEN, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CSX Transportation, Inc., Intervenor. AMERICAN TRAIN DISPATCHERS' ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Norfolk & Western Railway Co. and Southern Railway Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 1989.

As Amended September 29, 1989.

Attorney(s) appearing for the Case

William G. Mahoney, with whom John O'B. Clarke, Jr., Washington, D.C., was on the brief, for petitioners.

John J. McCarthy, Jr., General Counsel, I.C.C., with whom Robert S. Burk, Gen. Counsel, and Henri F. Rush, Deputy Gen. Counsel, I.C.C., Washington, D.C., were on the brief, for respondents. Robert J. Wiggers and John J. Powers, III, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

James S. Whitehead, Chicago, Ill., for intervenor in No. 88-1724.

Jeffrey S. Berlin, with whom Mark E. Martin, Amy R. Doberman, Washington, D.C., and William P. Stallsmith, Jr., Atlanta, Ga., were on the brief, for intervenors in No. 88-1694.

Before WALD, Chief Judge, and EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The Brotherhood of Railway Carmen and the American Train Dispatchers' Association petition for review of orders of the Interstate Commerce Commission issued in separate proceedings before that agency. We dispose of the two cases together because they raise common issues with respect to the ICC's authority to exempt a party to...

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