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CSX TRANSP. v. U.S.

No. 87-1646.

867 F.2d 1439 (1989)

CSX TRANSPORTATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Potomac Electric Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1989.

As Amended February 17, 1989.

Attorney(s) appearing for the Case

G. Paul Moates, with whom Richard E. Young, Washington, D.C., and Charles C. Rettberg, Jr., Cleveland, Ohio, were on the brief, for petitioner.

Thomas J. Stilling, Atty., I.C.C., with whom Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and John J. Powers III, and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

C. Michael Loftus, John H. LeSeur, and Frank J. Pergolizzi were on the brief for intervenor. William T. Torgerson, Washington, D.C., also entered an appearance for intervenor.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

BUCKLEY, Circuit Judge:

CSX Transportation seeks review of an Interstate Commerce Commission decision ordering it to refund to Potomac Electric Power Company all amounts attributable to a 1981 rate increase taken by the petitioner pursuant to a section added to the Interstate Commerce Act by the Staggers Rail Act of 1980. That section permits...

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