Attorney(s) appearing for the Case
Acting Solicitor General Roberts argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 90-1769 were Deputy Solicitor General Wallace, Michael R. Dreeben, Robert S. Burk, Henri F. Rush, and Charles A. Stark. Robert P. vom Eigen, Charles I. Appler, Theodore A. Howard, Richard F. Riley, Jr., Louis R. Cohen, Stephen C. Rogers, and Frederick C. Ohly filed briefs for petitioners in No. 90-1419.
Irwin Goldbloom argued the cause for respondents in both cases and filed a brief for respondent Boston & Maine Corporation. Jeffrey L. Amestoy, Attorney General of Vermont, John K. Dunleavy, Assistant Attorney General, Rex E. Lee, G. Paul Moates, Ronald S. Flagg, Robert J. Baum, and Michael F. McBride filed a brief for respondents State of Vermont et al.†
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Scalia, and Souter, JJ., joined. White, J., filed a dissenting opinion, in which Blackmun and Thomas, JJ., joined, p. 424.
United States Supreme Court.
Justice Kennedy, delivered the opinion of the Court.
The Interstate Commerce Commission (ICC or Commission) issued an order, upon the request of petitioner National †Laurence Z. Shiekman, Paul A. Cunningham, Robert M. Jenkins III, and Bruce B. Wilson filed a brief for Concerned Railroads as amicus curiae urging affirmance. Railroad Passenger Corporation, requiring conveyance of 48.8 miles of railroad...
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