Brae Corp. v. U.S., SEA-LAND

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtBefore ROBINSON, Chief Judge, and WALD and MIKVA; PER CURIAM
PartiesBRAE CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Consolidated Rail Corporation, E.F. Hutton Credit Corporation, Seattle & North Coast Railroad Company, Intervenors. BRAE CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Pittsburgh & Lake Erie Railroad Company, Consolidated Rail Corporation, American Short Line Railroad Association, Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Angelina and Neches River Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser Company, et al., Intervenors. BRAE CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Pittsburgh & Lake Erie Railroad Company, American Short Line Railroad Association, Freight Users Association of Long Island, Inc., Consolidated Rail Corporation, Southern Pacific Transportation Company, Angelina and Neches River Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser Company, et al., Intervenors. BRAE CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Consolidated Rail Corporation, Freight Users Association of Long Island, Inc., Southern Pacific Transportation Company, E.F. Hutton Credit Corporation, Intervenors. AMERICAN PAPER INSTITUTE, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Brown Transport Corporation, Consolidated Rail Corporation, Freight Users Association of Long Island, Inc., Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Angelina and Neches River Railroad, Brick Association of North Carolina, et al., American Trucking Associations, Inc., et al., National Grain and Feed Association, American Newspaper Publishers Association, Canadian Pulp and Paper Association, Intervenors. INTERNATIONAL PAPE
Decision Date24 August 1984
Docket Number83-1543,No. 83-1462,SEA-LAND,83-1465,83-1468,83-1490,83-1469,83-1538,83-1466,83-1479

Page 1023

740 F.2d 1023
238 U.S.App.D.C. 352
BRAE CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, E.F. Hutton Credit
Corporation, Seattle & North Coast Railroad
Company, Intervenors.
BRAE CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Pittsburgh & Lake Erie Railroad Company, Consolidated Rail
Corporation, American Short Line Railroad Association,
Southern Pacific Transportation Company, Common Carrier
Conference-Irregular Route of American Trucking
Associations, Inc., Angelina and Neches River Railroad, E.F.
Hutton Credit Corporation, Weyerhaeuser Company, et al.,
Intervenors.
BRAE CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Pittsburgh & Lake Erie Railroad Company, American Short Line
Railroad Association, Freight Users Association of Long
Island, Inc., Consolidated Rail Corporation, Southern
Pacific Transportation Company, Angelina and Neches River
Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser
Company, et al., Intervenors.
BRAE CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Freight Users Association of
Long Island, Inc., Southern Pacific Transportation
Company, E.F. Hutton Credit Corporation,
Intervenors.
AMERICAN PAPER INSTITUTE, INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Brown Transport Corporation, Consolidated Rail Corporation,
Freight Users Association of Long Island, Inc., Southern
Pacific Transportation Company, Common Carrier
Conference-Irregular Route of American Trucking
Associations, Inc., Angelina and Neches River Railroad,
Brick Association of North Carolina, et al., American
Trucking Associations, Inc., et al., National Grain and Feed
Association, American Newspaper Publishers Association,
Canadian Pulp and Paper Association, Intervenors.
INTERNATIONAL PAPER COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Southern Pacific
Transportation Company, Common Carrier Conference-Irregular
Route of American Trucking Associations, Inc., Brick
Association of North Carolina, et al., Intervenors.
The NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Southern Traffic League,
Inc., Southern Pacific Transportation Company, Eastern
Industrial Traffic League, Inc., Brick Association of North
Carolina, et al., Volkswagen of America, Inc., Intervenors.
ITEL CORPORATION, Rail Division, et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, East Camden & Highland
Railroad Company, Funding Systems Railcar, Inc., et al.,
Southwest Forest Industries, Inc., Valdosta Southern
Railroad Company, Apalachicola Northern Railroad Co., et
al., Sabine River & Northern Railroad Company, Marinette,
Tomahawk & Western Railroad Co., Little Rock & Western
Railway Corp., et al., Southern Pacific Transportation
Company, Intervenors.
FORD MOTOR COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Canadian Pulp and Paper Association, Brick Association of
North Carolina, et al., Southern Pacific
Transportation Company, Consolidated
Rail Corporation, Intervenors.
CONTINENTAL FOREST INDUSTRIES, INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Canadian Pulp and Paper Association, Brick Association of
North Carolina, et al., Southern Pacific
Transportation Company, Consolidated
Rail Corporation, Intervenors.
SYSCO CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Brick Association of North Carolina, et al., Southern
Pacific Transportation Company, Consolidated Rail
Corporation, Intervenors.
Patrick W. SIMMONS, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Southern Pacific Transportation Company, Consolidated Rail
Corporation, Intervenors.
The ALUMINUM ASSOCIATION, INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Canadian Pulp and Paper Association, Brick Association of
North Carolina, Burlington Northern Railroad
Company, Southern Pacific Transportation
Company, Consolidated Rail
Corporation, Intervenors.
The BANGOR AND AROOSTOOK RAILROAD COMPANY, Delaware and
Hudson Railway Company and Maine Central Railroad
Company, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Southern Pacific
Transportation Company, Intervenors.
CANADIAN NATIONAL RAILWAY COMPANY and Canadian Pacific
Limited, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Southern Pacific
Transportation Company, Intervenors.
NATIONAL RAILWAY UTILIZATION CORPORATION, Pickens Railroad
Co., Peninsula Terminal Co., The Mississippian
Railway, Inc., Graham County
Railroad, Inc.,
Atlantic & Western
Railway
Co., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Intervenors.
CENTRAL VERMONT RAILWAY, INC., Detroit, Toledo and Ironton
Railroad Company and Grand Trunk Western Railroad
Co., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Intervenors.
SEA-LAND SERVICE, INC. and Sea-Land Freight Service, Inc., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Totem Ocean Trailer Express, Inc., Intervenor.
H.C. SPINKS CLAY CO., INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
BOARD OF TRADE OF the CITY OF CHICAGO, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
Consolidated Rail Corporation, Intervenors.
SANDERSVILLE RAILROAD COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
ILLINOIS CENTRAL GULF RAILROAD CO., et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
CHATTAHOOCHEE INDUSTRIAL RAILROAD, Great Southern Paper,
Leaf River Forest Products, Inc., and The Old
Augusta Railroad Co., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
BESSEMER AND LAKE ERIE RAILROAD COMPANY and Elgin, Joliet
and Eastern Railway Company, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
AMERICAN PAPER INSTITUTE, INC., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
LAMOILLE VALLEY RAILROAD CO., OF MORRISVILLE, LAMOILLE
COUNTY, VERMONT, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
RUBBER MANUFACTURERS ASSOCIATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents,
National Industrial Transportation League, Intervenor.
EVANS PRODUCTS COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
BOARD OF PORT COMMISSIONERS FOR the CITY OF OAKLAND, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
The NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission,
Respondents.
No. 83-1462, 83-1465, 83-1466, 83-1468, 83-1469, 83-1479,
83-1490, 83-1538, 83-1543.
United States Court of Appeals,
District of Columbia Circuit.
Argued June 5, 1984.
Decided June 27, 1984.
As Amended July 20 and Aug. 24, 1984.

Page 1032

Petitions for Review of Orders of the Interstate Commerce commission.

Robert N. Kharasch, Mark L. Evans, Gerry Levenberg, and John M. Nannes, Washington, D.C., with whom Peter D. Dickson and Deborah M. Gottheil, Washington, D.C., for Brae Corp., Robert N. Kharasch, Olga Boikess, and Edward D. Greenberg, Washington, D.C., for Intern. Paper Co., et al., John F. Donelan, John M. Cleary, Frederic J. Wood, and Nicholas J. Di Michael, Washington, D.C., for Nat. Indus. Transp. League, et al., Carl V. Lyon and James P. Tuite, Washington, D.C., for Itel Rail Corp., Rail Div., et al., Charles H. White, Jr., Washington, D.C., for SYSCO Corp., et al., Gordon P. MacDougall, Washington, D.C., for Patrick W. Simmons, Dickson R. Loos and David H. Baker, Washington, D.C., for Aluminum Ass'n, Inc., Brian C. Mohr, for Bangor and Aroostook R. Co., et al., Andrew P. Goldstein, Washington, D.C., for Nat. Ry. Utilization Corp., et al., John C. Danielson, for Central Vermont RR., et al., Thomas F. McFarland, Jr., and Steven J. Kalish, Chicago, Ill., for Bd. of Trade of the City of Chicago, et al., Peter A. Greene, Washington, D.C., for Angelina and Neches River R. Co., J. Raymond Clark and Mary Todd Foldes, Washington, D.C., for Sandersville R. Co., Hanford O'Hara and Alice C. Saylor, Monroeville, Pa., for Bessemer & Lake Erie R. Co., et al., Robert Gensburg, St. Johnsbury, Vt., for Lamoille Valley R. Co. of Morrisville, Lamoille County, Vermont, Martin W. Bercovici, Washington, D.C., for Rubber Mfrs. Ass'n., Robert A. Cantor and David A. Vaughn, New York City, for E.F. Hutton Credit Corp., Fritz R. Kahn and Russell E. Pommer, Washington, D.C., for Pittsburgh and Lake Erie R. Co., Seattle and North Coast R. Co., and Weyerhaeuser Co., et al., Thomas C. Dorsey, Washington, D.C., for American Short Line RR. Ass'n, and Charles W. Chapman, Washington, D.C., for East Camden & Highland Railroad Company, were on the joint brief, for petitioners and intervenors Brae Corporation, et al., in Nos. 83-1462, 83-1465, 83-1466, 83-1468, 83-1469, 83-1479, 83-1490, 83-1538, 83-1543,...

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31 practice notes
  • Southern Pacific Transp. Co. v. I.C.C., Nos. 92-1583
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 25, 1996
    ...Commission must satisfy when it chooses to impose a new regulatory format over the car hire relationship." Brae Corp. v. United States, 740 F.2d 1023, 1059 (D.C.Cir.1984) (per curiam), cert. denied, 471 U.S. 1069, 105 S.Ct. 2149, 85 L.Ed.2d 505 (1985). Specifically, the Commission must take......
  • McCloud v. Testa, No. 94-4144
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 13, 1997
    ...private parties engaging in that activity essentially shift some of their costs onto society as a whole. See Brae Corp. v. United States, 740 F.2d 1023, 1056-57 (D.C.Cir.1984) (per curiam) (striking down ICC's regulation that permitted boxcar owners and carriers to escape other ICC regulati......
  • Black v. I.C.C., No. 83-2327
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • May 21, 1985
    ...and capricious' standard is narrow and a court is not to substitute its judgment for that of the agency." Brae Corp. v. United States, 740 F.2d 1023, 1038 (D.C.Cir.1984) (quoting Motor Vehicles Manufacturers Ass'n v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29, 43, 103 S.Ct. 285......
  • Canadian Nat'l Ry. v. Vertis, Inc., Civil Action No. 09–4586 (FLW).
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • August 16, 2011
    ...policy and because the regulations were not needed to protect shippers from an abuse of market power.” Brae Corp. v. United States, 740 F.2d 1023, 1036 (D.C.Cir.1984). In part, the ICC found that “the pervasive pattern of competition between trucks and rails” removed the need to regulate th......
  • Request a trial to view additional results
30 cases
  • Southern Pacific Transp. Co. v. I.C.C., Nos. 92-1583
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 25, 1996
    ...Commission must satisfy when it chooses to impose a new regulatory format over the car hire relationship." Brae Corp. v. United States, 740 F.2d 1023, 1059 (D.C.Cir.1984) (per curiam), cert. denied, 471 U.S. 1069, 105 S.Ct. 2149, 85 L.Ed.2d 505 (1985). Specifically, the Commission must take......
  • McCloud v. Testa, No. 94-4144
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 13, 1997
    ...private parties engaging in that activity essentially shift some of their costs onto society as a whole. See Brae Corp. v. United States, 740 F.2d 1023, 1056-57 (D.C.Cir.1984) (per curiam) (striking down ICC's regulation that permitted boxcar owners and carriers to escape other ICC regulati......
  • Black v. I.C.C., No. 83-2327
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • May 21, 1985
    ...and capricious' standard is narrow and a court is not to substitute its judgment for that of the agency." Brae Corp. v. United States, 740 F.2d 1023, 1038 (D.C.Cir.1984) (quoting Motor Vehicles Manufacturers Ass'n v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29, 43, 103 S.Ct. 285......
  • Canadian Nat'l Ry. v. Vertis, Inc., Civil Action No. 09–4586 (FLW).
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • August 16, 2011
    ...policy and because the regulations were not needed to protect shippers from an abuse of market power.” Brae Corp. v. United States, 740 F.2d 1023, 1036 (D.C.Cir.1984). In part, the ICC found that “the pervasive pattern of competition between trucks and rails” removed the need to regulate th......
  • Request a trial to view additional results

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