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NORTH DAK. STATE WHEAT COM'N v. UNITED STATES

No. 76-1990.

565 F.2d 621 (1977)

NORTH DAKOTA STATE WHEAT COMMISSION and North Dakota Public Service Commission, Petitioners, Farmers Union Grain Terminal Association, Intervenor-Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Soo Line Railroad Company, Burlington Northern, Inc., Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Intervenor-Respondents.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1977.

Rehearing and Rehearing Denied December 5, 1977.

Attorney(s) appearing for the Case

John I. Finsness, N. D. State Wheat Commission, Fargo, N. D., for petitioners; David W. Tiistola, N. D. Public Service Commission, Bismarck, N. D., on brief.

Walter H. Walker, III, I. C. C., Washington, D. C., for respondents; Donald I. Baker, Asst. Atty. Gen. and Lloyd J. Osborn, Atty., Dept. of Justice, Washington, D. C., Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Assoc. Gen. Counsel, I. C. C., Washington, D. C., on brief.

C. Harold Peterson, Soo Line Railroad Co., Minneapolis, Minn., for intervenor, Soo Line Railroad Co.; William R. Power, Burlington Northern, Inc., St. Paul, Minn., and J. J. Nagle, Chicago, Ill., on brief.

Before GIBSON, Chief Judge, and HEANEY and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 5, 1977.

HENLEY, Circuit Judge.

This is an original proceeding brought by the North Dakota State Wheat Commission and the North Dakota Public Service Commission, hereinafter petitioners, for the purpose of setting aside an order of the Interstate Commerce Commission entered in 1976 approving tariff schedules filed in 1974 by three interstate rail carriers, which schedules substantially modified existing freight...

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