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CONSOLIDATED RAIL CORP. v. INTER. COMMERCE COM'N

No. 93-1390.

43 F.3d 1528 (1995)

CONSOLIDATED RAIL CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, Delaware & Hudson Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1995.

Attorney(s) appearing for the Case

Robert M. Jenkins III, with whom Paul A. Cunningham, Joel A. Rabinovitz, Washington, DC, Constance L. Adams, and Anne E. Treadway, Philadelphia, PA, were on the briefs, for petitioner. Jonathan M. Broder, Philadelphia, PA, entered an appearance for petitioner.

Laurence H. Schecker, Attorney, Interstate Commerce Commission ("ICC"), with whom Henri F. Rush, General Counsel, John J. McCarthy, Jr., Associate General Counsel, ICC, and Anne K. Bingaman, Asst. Atty. Gen., John J. Powers III, and John P. Fonte, Attorneys, U.S. Dept. of Justice, Washington, DC, were on the briefs, for respondents.

Terence M. Hynes, David M. Levy, and Krista L. Edwards, Washington, DC, were on the brief for intervenor.

Before BUCKLEY, WILLIAMS, and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Consolidated Rail Corporation ("Conrail") petitions for review of a 1993 order of the Interstate Commerce Commission that interpreted one prior Commission order and denied Conrail's motion to vacate another. The Delaware and Hudson Railway Company, Inc. ("DHRC"), a subsidiary of Canadian Pacific Limited, intervened in support of the ICC's 1993 order. As we reject the Commission's...

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