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COM. OF MASS. v. I.C.C.

Nos. 88-1880, 88-1884.

893 F.2d 1368 (1990)

The COMMONWEALTH OF MASSACHUSETTS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of Amerian Railroads, Intervenor. Patrick W. SIMMONS, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1990.

Attorney(s) appearing for the Case

Michael F. McBride, Sp. Asst. Atty. Gen. of the Com. of Mass., Washington, D.C., with whom Paul H. Falon, Washington, D.C., and Judith L. Traux were on the brief for petitioner, the Com. of Mass. in No. 88-1880.

Gordon MacDougall, Washington, D.C., for petitioner, Patrick W. Simmons in No. 88-1884.

Charles Alan Stark, Atty., I.C.C., with whom James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., Robert S. Burk, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., were on the brief for respondents in both cases. Marion L. Jetton, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for U.S. of America.

Kenneth P. Kolson, Vienna, Va., entered an appearance for intervenor, Ass'n of American Railroads in both cases.

Before WILLIAMS and SENTELLE, Circuit Judges; and ROBINSON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The Commonwealth of Massachusetts and Patrick W. Simmons petition for review of an order of the Interstate Commerce Commission (the "ICC" or the "Commission") in this consolidated case. Massachusetts challenges the Commission's order in Ex Parte No. 274 (Sub-No. 11A), Abandonment Regulations — Costing (Implementation of the Railroad Accounting Principles Board Findings)...

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