Railway Labor Executives' Ass'n v. Interstate Commerce Commission

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitioner, an organization representing the presidents of various rail labor unions, asks us to set aside an order of the Interstate Commerce Commission (“ICC” or- the “Commission”) granting an exemption under 49 U.S.C: § 10505 (1982) from prior approval requirements to a noncarrier acquiring 103 miles of a marginally profitable rail line together with 14.3 miles of incidental trackage rights. See Rochester & Southern R.R., Inc. and Genesee & Wyoming Indus., Inc. — Exemption from 49 U.S.C. 10901, 11301,…