UNION PACIFIC RAILROAD COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
General Electric Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 22, 1988.
Decided February 7, 1989.
Attorney(s) appearing for the Case
Charles A. Miller, with whom J. Michael Hemmer, Bruce N. Kuhlik, Washington, D.C., Joseph D. Anthofer, Fred R. Birkholz, Middleburg, Fla., Robert T. Opal, Chicago, Ill., John A. Daily, Anne E. Treadway, Philadelphia, Pa., Carol A. Harris, San Francisco, Cal., Richard W. Kienle, Roanoke, Va., and Guy Vitello, Chicago, Ill., were on the briefs, for petitioner and intervening railroads. Lawrence E. Wzorek and Michael Boudin, Washington, D.C., also entered appearances for petitioner and intervening railroads.
Charles A. Stark, Atty., I.C.C. with whom Robert S. Burk, Gen. Counsel, Henri F. Rush, Deputy Gen. Counsel, and Robert J. Grady, Attorney, ICC, and John J. Powers, III, Atty., Dept. of Justice, and Henry A. Gill, Atty., Dept. of Energy, Washington, D.C., were on the joint brief, for respondents.
Michael F. McBride, with whom Leonard M. Trosten, Harry H. Voigt, and Mindy A. Buren (for Commonwealth Edison Co.), and Charles J. McCarthy and John M. Cutler, Jr. (for Carolina Power & Light Co.), and James F. Bromley and Donald Macleay, Washington, D.C., (for General Elec. Co.) were on the joint brief, for intervenors.
Before WALD, Chief Judge, and EDWARDS and BUCKLEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
Government and utility shippers complained to the Interstate Commerce Commission that certain southern and western railroads were charging excessive rates for the transportation of spent nuclear fuel and other radioactive materials. The railroads argued that the higher rates reflected added costs attributable to the special precautions required when transporting nuclear waste. In...
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