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UNITED TRANSP. UNION-ILL. LEGISLATIVE BD. v. I.C.C.

No. 94-1037.

52 F.3d 1074 (1995)

UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1995.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, DC, argued the cause and filed the briefs for petitioner.

Louis Mackall, V, Attorney, I.C.C., Washington, DC, argued the cause for respondents. With him on the brief were Henri F. Rush, Gen. Counsel, I.C.C., Anne K. Bingaman, Asst. Atty. Gen., and John J. Powers, III and Robert J. Wiggers, Attys., U.S. Dept. of Justice, Washington, DC. Charles A. Stark, Craig M. Keats and Michael L. Martin, Washington, DC, entered appearances.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.

RANDOLPH, Circuit Judge:

We are unable to decide the principal question posed in this petition for review — whether the Interstate Commerce Commission properly interpreted the Interstate Commerce Act, 49 U.S.C. §§ 10901, 11343, to deprive the agency of jurisdiction over a certain "Joint Line Agreement." The rationale for the Commission's jurisdictional determination is not discernible and, for that reason, the case must be returned to the agency....

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