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LEHIGH & NEW ENGLAND RY. CO. v. I. C. C.

No. 75-1518.

540 F.2d 71 (1976)

LEHIGH AND NEW ENGLAND RAILWAY COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States, Respondents, Commonwealth of Pennsylvania, Intervenor.

United States Court of Appeals, Third Circuit.

Decided June 9, 1976.

Attorney(s) appearing for the Case

Robert E. Turtz, Carpenter, Bennett & Morrissey, Richard B. Wachenfeld, Newark, N. J., for petitioner.

John H. Broadley, Thomas E. Kauper, Henri F. Rush, Fritz R. Kahn, I.C.C., Washington, D. C., for respondents.

Robert P. Kane, Michael von Moschzisker, Lawrence Barth, Asst. Atty. Gen., Philadelphia, Pa., Gordon P. MacDougall, Washington, D. C., for intervenor.

Before ADAMS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

The Lehigh and New England Railway Company ("L&NE") petitions this court to review and set aside an order of the Interstate Commerce Commission ("ICC") entered in Ex Parte No. 293 (Sub-No. 3), entitled "Submission of Cost Data to Justify Reimbursement," and cost form regulations, 49 C.F.R. § 1126, promulgated by that order.1 The regulations sought to implement section...

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