Consolidated Rail Corporation v. Interstate Commerce Commission United States of America, Delaware & Hudson Railway Company, Intervenor

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Consolidated Rail Corporation (“Conrail”) petitions for review of a 1993 order of the Interstate Commerce Commission that interpreted one prior Commission order and denied Conrail’s motion to vacate another. The Delaware and Hudson Railway Company, Inc. (“DHRC”), a subsidiary of Canadian Pacific Limited, intervened in support of the ICC’s 1993 order. As we reject the Commission’s interpretation of the one order and uphold its denial of Conrail’s motion to vacate the other, we grant the petition in part and deny it in…