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MANLEY BROTHERS v. UNITED STATES

No. 76-1102.

553 F.2d 1032 (1977)

MANLEY BROTHERS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1977.

Attorney(s) appearing for the Case

James F. Schouman, Dearborn, Mich., for petitioner.

Charles W. Chapman, Washington, D.C., for intervenor Ann Arbor.

Fritz R. Kahn, Gen. Counsel, I. C. C., Peter A. Fitzpatrick, Christine N. Kohl, Edward Levi, Atty. Gen., U.S. Dept. of Justice, Robert B. Nicholson, Edward E. Lawson, Washington, D.C., for respondents.

Before PHILLIPS, Chief Judge, and WEICK and CELEBREZZE, Circuit Judges.

PER CURIAM.

This case is before the Court on a petition to review and set aside certain orders of the Interstate Commerce Commission entered in Investigation and Suspension Docket No. 8808, Sand, Yuma, Michigan to Cleveland, Ohio. The Commission found a proposed multiple-car rate of $3.10 per net ton of sand, filed jointly by the Intervenor Ann Arbor Railroad Company and the Penn Central Transportation Company,1 to be just and reasonable...

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