The SOCIETY OF PLASTICS INDUSTRY, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Forty Railroads, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 17, 1991.
Decided February 7, 1992.
Attorney(s) appearing for the Case
Martin W. Bercovici, with whom Kris Anne Monteith, was on the brief, for petitioner.
Louis Mackall, V, Atty., I.C.C. with whom, James F. Rill, Asst. Atty. Gen., John J. Powers, III, and John P. Fonte, Attys., Dept. of Justice and Robert S. Burk, Gen. Counsel and Craig M. Keats, Associate Gen. Counsel, I.C.C. were on the brief, for respondents.
Robert M. Jenkins, III, with whom Robert E. Weicher for The Atchison, Topeka & Santa Fe Ry. Co., William P. Quinn for Bay Colony Railroad Corp., Michael E. Roper for Burlington Northern Railroad Co., Charles C. Rettberg for CSX Transp., Inc., Constance L. Abrams for Consolidated Rail Corp., John H. Doeringer for Illinois Central Railroad Co., Robert L. Calhoun for Indiana and Ohio Railway Co., Robert B. Batchelder for Missouri Pacific Railroad Co., Nathan Fenno for New York Susquehanna and Western Railway Corp., Rahway Valley Railroad Co., and The Staten Island Railway Corp., James L. Howe, III for Norfolk Southern Railway Co., and Norfolk and Western Railway Co., and John MacDonald Smith for Southern Pacific Transp. Co., St. Louis Southwestern Railroad Co. were on the joint brief, for intervenors. Paul A. Cunningham also entered an appearance for intervenors.
Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and VAN GRAAFEILAND, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge VAN GRAAFEILAND.
VAN GRAAFEILAND, Senior Circuit Judge:
The Society of the Plastics Industry, Inc. ("the Society"), a national trade association whose members ship large quantities of goods by rail, petitions this court to review and set aside the Interstate Commerce Commission's decision in The Society of The Plastics Industry, Inc. v. Consolidated Rail Corp., et al., No. 40298 (served Oct. 22, 1990...
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