SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al.
v.
INTERSTATE COMMERCE COMMISSION, and the United States of America, Respondents
Consolidated Rail Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 5, 1995.
Decided November 7, 1995.
Rehearing and Suggestion for Rehearing Denied January 25, 1996.
Attorney(s) appearing for the Case
John G. Roberts, Jr., argued the cause for Southern Pacific Transportation Company, et al. With him on the briefs were George W. Mayo, Jr., David G. Leitch, Louis P. Warchot, II, and Carol A. Harris. Entering appearances were John M. Smith and Fritz R. Kahn for Southern Pacific Transportation Company.
Louis Mackall, V, Attorney, Interstate Commerce Commission, argued the cause for respondents. With him on the brief were Henri F. Rush, General Counsel, and Craig M. Keats, Associate General Counsel, Interstate Commerce Commission, and John J. Powers, III and John P. Fonte, Attorneys, United States Department of Justice.
Paul A. Cunningham, argued the cause for intervenors Consolidated Rail Corporation, et al., in support of respondents. With him on the brief were David A. Hirsh, Alice C. Saylor, Constance L. Abrams, Richard E. Weicher, Paul R. Hitchcock, George A. Aspatore, Michael E. Roper, William C. Gibb, and Robert B. Batchelder. Mark L. Evans entered an appearance for intervenor General Electric Railcar Services Corporation.
On the brief of intervenors in support of Southern Pacific Transportation Company were Jo A. DeRoche for Montana Rail Link, Inc., and Karlheinz Morell for San Luis Central Railroad Company, et al. Laurence H. Gold entered an appearance for intervenor Montana Rail Link, Inc.
Gordon P. MacDougall was on the brief for intervenor United Transportation Union-Illinois Legislative Board in support of Southern Pacific Transportation Company.
J. Raymond Clark entered an appearance for intervenor Sandersville Railroad Company. Myles L. Tobin entered an appearance for intervenor Illinois Central Railroad Company. Christopher E. Hagerup entered an appearance for intervenors Interail, Inc., et al.
Before: WALD, SILBERMAN, and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing and Suggestion for Rehearing In Banc Denied January 25, 1996.*
Opinion for the Court filed by Circuit Judge SILBERMAN.
Dissenting opinion filed by Circuit Judge ROGERS.
SILBERMAN, Circuit Judge:
Chicago and North Western Railroad (CNW) petitioned for review of the ICC's promulgation of rules concerning rates at which railroads exchange railcars. After CNW moved to withdraw as petitioner on March 20, 1995...
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