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ILLINOIS TERMINAL R. CO. v. UNITED STATES

No. 75-1497.

541 F.2d 201 (1976)

ILLINOIS TERMINAL RAILROAD COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1976.

Rehearing and Rehearing Denied September 24, 1976.

Attorney(s) appearing for the Case

George E. Lee, St. Louis, Mo., for petitioner; Doris J. Banta, St. Louis, Mo., R. T. Molloy, Washington, D.C., and Richard M. Johnson, Vienna, Va., on brief.

Lloyd J. Osborn, Washington, D.C., for respondents; Thomas E. Kauper, Asst. Atty. Gen. and Barry B. Grossman, Atty. Dept. of Justice, for United States and Arthur J. Cerra, Gen. Counsel, on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1976.

LAY, Circuit Judge.

This is a petition for review of an Interstate Commerce Commission (ICC) order brought by the Illinois Terminal Railroad Company. It challenges an order of the ICC requiring specific use of "incentive per diem" (IPD) funds received by petitioner from other railroads as rental for its boxcars. In 1966 Congress authorized the ICC to establish incentive per diem rates to be charged...

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