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UNION MECHLING CORP. v. UNITED STATES

No. 76-1217.

566 F.2d 722 (1977)

UNION MECHLING CORPORATION et al., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Ohio Barge Line, Inc., United States Steel Corporation, Security Barge Line, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 1977.

Attorney(s) appearing for the Case

Paul M. Donovan, Washington, D. C., with whom Arthur L. Winn, Jr., Samuel H. Moerman, and J. Raymond Clark, Washington, D. C., were on the brief, for petitioners.

Raymond Michael Ripple, Atty., I. C. C., Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, I. C. C., and Lloyd John Osborn, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Max O. Truitt, Jr., Washington, D. C., with whom R. Townsend Robinson, Washington, D. C., and Wayne L. Emery, Pittsburgh, Pa., were on the brief, for intervenor U. S. Steel Corp.

Henry M. Wick, Jr., Pittsburgh, Pa., for intervenor Ohio Barge Lines, Inc., Max O. Truitt, Jr., Washington, D. C., also entered an appearance for intervenor Ohio Barge Lines, Inc.

Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.

Opinion filed by ROBB, Circuit Judge.

Concurring Opinion filed by BAZELON, Chief Judge.

Separate Opinion concurring in part and dissenting in part filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

ROBB, Circuit Judge:

Several barge operating companies petition for review of an order of the Interstate Commerce Commission (ICC). The challenged order permits Ohio Barge Lines (OBL) to provide barge service to several Chicago area steel mills...

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