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CONSOLIDATED RAIL CORP. v. U.S.

No. 89-1074.

896 F.2d 574 (1990)

CONSOLIDATED RAIL CORPORATION, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, American Paper Institute, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1990.

Attorney(s) appearing for the Case

John A. Daily, with whom Anne E. Treadway, Philadelphia, Pa., Joseph D. Anthofer, Guy Vitello, Robert T. Opal, Chicago, Ill., Michael E. Roper, William R. Power, Chicago, Ill., and John MacDonald Smith, were on the brief for petitioners.

Judith A. Albert, Atty., ICC, with whom James F. Rill, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Gen. Counsel, and Craig M. Keats, Deputy Associate Gen. Counsel, ICC, Washington, D.C., were on the brief for respondents.

John K. Maser, III, was on the brief for intervenor. Kathleen J. Masterton, Washington, D.C., also entered an appearance for American Paper Institute, Inc.

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:

Various railroads petition for review of a decision in which the Interstate Commerce Commission determined that 49 U.S.C. § 10741(f), which precludes a claim of discrimination involving "rail rates applicable to different routes," does not apply to recyclable commodities. We now reverse that decision because it is contrary to the plain and unambiguous language of...

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