CSX TRANSPORTATION, INC., Petitioner,
v.
SURFACE TRANSPORTATION BOARD and United States of America, Respondents.
United Transportation Union General Committee of Adjustment, C & T, Baltimore & Ohio System, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 7, 1995.
Decided February 16, 1996.
Attorney(s) appearing for the Case
Jeffrey S. Berlin, Washington, DC, argued the cause, for petitioner, with whom Mark E. Martin and James D. Tomola, Jacksonville, FL, were on the briefs.
Louis Mackall, V, Attorney, Interstate Commerce Commission, Washington, DC, argued the cause, for respondents, with whom Henri F. Rush, General Counsel, John J. McCarthy, Jr., Associate General Counsel, Anne K. Bingaman, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, Attorney, and Robert J. Wiggers, Attorney, were on the brief. Virginia Strasser, Attorney, Interstate Commerce Commission, entered an appearance.
William G. Mahoney and Richard S. Edelman, Washington, DC, were on the brief, for intervenor.
Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
ROGERS, Circuit Judge:
CSX Transportation, Inc. ("CSXT")1 petitions for review of the decision of the Interstate Commerce Commission ("ICC")2 that CSXT's rerouting of all traffic from the Walker-Wilsonburg Line was "in anticipation of" abandonment of that line, and hence employees who were adversely affected qualify for labor protection under the Oregon Short Line conditions.3
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