NAT. ASS'N OF RECYCLING INDUSTRIES v. I.C.C.

No. 82-1500.

704 F.2d 638 (1983)

NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CONSOLIDATED RAIL CORPORATION, New York Dock Railway, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 1983.

As Amended April 5, 1983.


Attorney(s) appearing for the Case

Edward L. Merrigan, Washington, D.C., for petitioner.

Craig M. Keats, I.C.C., with whom John Broadley, Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, I.C.C., John J. Powers, III, and Kenneth P. Kolson, Dept. of Justice, Washington, D.C., were on the joint brief, for the United States of America and the I.C.C.

Christine A. Pasquariello, Brooklyn, N.Y., of the Bar of the Supreme Court of the State of New York, pro hac vice, by special leave of the Court, with whom Walter M. King, Jr., was on brief, for intervenor, New York Dock Railway, et al. Stuart H. Johnson, Jr., Washington, D.C., also for intervenor.

John A. Daily, Philadelphia, Pa., for intervenor, Consolidated Rail Corp.

Before WRIGHT and WILKEY, Circuit Judges, and BONSAL, Senior District Judge, United States District Court for the Southern District of New York.


Opinion PER CURIAM.

PER CURIAM:

This case concerns the propriety of an Interstate Commerce Commission (ICC) decision permitting Consolidated Rail Corporation (Conrail) unilaterally to cancel certain joint rates on nonferrous recyclables. For the reasons set out below, we vacate the order in question, instruct the ICC expeditiously to determine that all carriers affected by Conrail's rate changes are in compliance with section 204 of the Staggers Act...

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