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AMERICAN TRAIN DISPATCHERS ASS'N v. I.C.C.

No. 94-1036.

54 F.3d 842 (1995)

AMERICAN TRAIN DISPATCHERS ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CSX Transportation, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1995.

Rehearing and Suggestion for Rehearing Denied July 21, 1995.

Attorney(s) appearing for the Case

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

Judith A. Albert, Atty., I.C.C. argued the cause, for respondents. With her on the brief were Henri F. Rush, Gen. Counsel, John J. McCarthy, Jr., Associate Gen. Counsel and Virginia Strasser, Atty., I.C.C., Anne K. Bingaman, Asst. Atty. Gen., John J. Powers, III and Robert J. Wiggers, Attys., U.S. Dept. of Justice.

James S. Whitehead argued the cause, for intervenor. With him on the brief was James D. Tomola.

Before WALD, RANDOLPH and ROGERS, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied July 21, 1995.

Opinion for the court filed by Circuit Judge ROGERS.

Opinion dissenting in part filed by Circuit Judge WALD.

ROGERS, Circuit Judge:

Petitioner American Train Dispatchers Association (the "Union") seeks review of three orders of the Interstate Commerce Commission concerning the interpretation of Article I, § 5(a) of the New...

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