The following excerpt is from Harlem Valley Transp. Ass'n v. Stafford, 500 F.2d 328 (2nd Cir. 1974):
Pennsylvania v. United States, 361 F.Supp. 208 (M.D.Pa.), aff'd mem., 414 U.S. 1017, 94 S.Ct. 440, 38 L.Ed.2d 310 (1973), comes closest to supporting the ICC's contention. There a challenge that was made to new ICC rules for disposing of railroad applications for abandonment was heard by a three-judge court. This decision does not, however, require that we conclude that a three-judge court is necessary here. First, the challenge to
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