HOUSTON LIGHTING & POWER COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Burlington Northern, Inc., Intervenor.
ARIZONA ELECTRIC POWER COOPERATIVE, INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Atchison, Topeka and Santa Fe Ry. Co., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 13, 1978.
Decided June 26, 1979.
Rehearing Denied August 22, 1979.
Attorney(s) appearing for the Case
William L. Slover, with whom C. Michael Loftus, Washington, D. C., was on the brief, for petitioner.
Kenneth G. Caplan, Deputy Associate Gen. Counsel, I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, I. C. C., Washington, D. C., was on the brief, for respondent.
Howard J. Trienens, Chicago, Ill., a member of the bar of Supreme Court of Ill., pro hac vice by special leave of court with whom R. Eden Martin, Richard J. Flynn and Lee A. Monroe, Washington, D. C., were on the brief, for intervenors.
John L. Hill, Atty. Gen. of Texas, David M. Kendall, Jr., First Asst. Atty. Gen., P. M. Schenkkan, Sp. Asst. Atty. Gen., and J. David Hughes, Asst. Atty. Gen. of Texas, Austin, Tex., were on the brief, for State of Texas, amicus curiae in support of petitioner.
Ellen K. Schall, Atty., I. C. C., Washington, D. C., entered an appearance for respondent I. C. C.
Robert Lewis Thompson, Robert B. Nicholson and Edward E. Lawson, Jr., Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent U. S.
Before BAZELON, LEVENTHAL and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge LEVENTHAL.
LEVENTHAL, Circuit Judge:
These consolidated petitions for review bring before the court for the first time a new provision added to the Interstate Commerce Act by the Railroad Revitalization and Regulatory Reform Act of 1976 (the "Reform Act").1 That provision, now revised and codified as 49 U.S.C. § 10729, provides for expedited...
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