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CANADIAN NAT. RY. CO. v. UNITED STATES

No. 74-167.

425 F.Supp. 290 (1976)

CANADIAN NATIONAL RAILWAY COMPANY, and Canadian Pacific Limited, Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Aluminum Company of Canada, Ltd., et al., Intervening Defendant.

United States District Court, District of Columbia

November 30, 1976.

Attorney(s) appearing for the Case

Richard J. Flynn, Lee A. Monroe, Sidley & Austin, Washington, D. C., for plaintiffs.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for U. S.

Fritz R. Kahn, Gen. Counsel, Lloyd John Osborn, Atty., I. C. C., Washington, D. C., for I. C. C.

James H. Pipkin, Jr., Steptoe & Johnson, Washington, D. C., for Akron Canton & Youngstown Railroad Co., et al., additional defendants to counterclaim.

Preston C. King, Jr., Dickson R. Loos, Barry Roberts, Pope, Ballard & Loos, Washington, D. C., for Aluminum Co. of Canada, Ltd., intervening defendant.

Before MACKINNON, Circuit Judge, and WADDY and PRATT, District Judges.

MEMORANDUM OPINION

WADDY, District Judge.

I. The Procedural Background

This is an action by plaintiffs to set aside an Order of the Interstate Commerce Commission (the Commission) entered in an administrative general revenue proceeding identified as Ex Parte No. 267, Increased Freight Rates, 1970 and 1971.1 The Order here challenged is dated August 6, 1973, and concerns freight rate increases authorized...

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