New York v. United States

More than two years ago, this Court remanded this case to the ICC “for the limited purpose of determining whether the proposed rates discriminate against the lake carriers as connecting lines.” State of New York v. United States, 568 F.2d 887, 897 (2 Cir. 1977).1 Our remand was a narrow one which called for a specific determination on a precise issue. As the author of our earlier opinion remanding the case to the ICC, it is crystal clear to me that the Commission on remand either has misconstrued our mandate or has ignored it. 356 I.C.C. 82 (1978). I therefore dissent from today’s majority…