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ALLEGHENY LUDLUM STEEL CORPORATION v. UNITED STATES

Civ. A. No. 70-731.

325 F.Supp. 352 (1971)

ALLEGHENY LUDLUM STEEL CORPORATION et al. v. UNITED STATES of America and Instate Commerce Commission.

United States District Court, W. D. Pennsylvania.

March 18, 1971.

Attorney(s) appearing for the Case

Samuel P. Delisi, Pittsburgh, Pa., Max O. Truitt, Jr., Washington, D. C., Reed, Smith, Shaw & McClay, Robert R. Wertz, Pittsburgh, Pa., Wilmer, Cutler & Pickering, Washington, D. C., for plaintiff.

Gordon E. Neuenschwander, Pittsburgh, Pa., William M. Moloney and James I. Collier, Jr., Washington, D. C., for Association of American Railroads.

Houston, Cooper, Speer & German, Pittsburgh, Pa., Donelan, Cleary & Caldwell, Washington, D. C., for National Industrial Traffic League.

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., John H. D. Wigger, Dept. of Justice, Washington, D. C., Houston, Cooper, Speer & German, Pittsburgh, Pa., for defendants.

Dwight L. Koerber, Pittsburgh, Pa., for National Ass'n of Shippers.

Before ALDISERT, Circuit Judge, MARSH, Chief District Judge, and MILLER, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The Interstate Commerce Commission has promulgated mandatory rules governing the manner in which empty freight cars in the possession of non-owning railroads are to be returned to their owners. Before us is an action brought by fifteen steel producers and the American Iron and Steel Institute1 seeking to enjoin, annul and set aside the...

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