DETROIT/WAYNE COUNTY PORT AUTHORITY v. I.C.C.

No. 94-1068.

59 F.3d 1314 (1995)

DETROIT/WAYNE COUNTY PORT AUTHORITY, Petitioner, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents, Canadian National Railway Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1995.


Attorney(s) appearing for the Case

Fritz R. Kahn, Washington, DC, argued the cause for petitioner. With him on the briefs was Theodore Sachs, Detroit, MI.

Craig M. Keats, Associate General Counsel, I.C.C., Washington, DC, argued the cause for respondents. With him on the brief were Henri F. Rush, General Counsel, I.C.C., Anne K. Bingaman, Asst. Atty. Gen., John J. Powers, III and John P. Fonte, Attys., U.S. Dept. of Justice, Washington, DC. Laurence H. Schecker, Counsel, I.C.C., Washington, DC, entered an appearance.

Robert P. vom Eigen, Charles A. Spitulnik and Alicia M. Serfaty, Washington, DC, were on the brief for intervenors Canadian National R. Co., et al.

Eileen Nowikowski and Theodore Sachs, Detroit, MI, entered appearances for amicus curiae.

Before SENTELLE, HENDERSON and TATEL, Circuit Judges.


TATEL, Circuit Judge:

This case presents just one question of statutory interpretation: is intervenor Canadian National Railway Company's construction of a new tunnel beneath the St. Clair River to replace a 100-year-old tunnel ninety feet to the south "an extension to any of its railroad lines" or "an additional railroad line" within the meaning of section 402 of the Transportation Act of 1920, 49 U.S.C. § 10901(a) (1988), requiring Interstate Commerce Commission...

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