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ISLAND CREEK COAL SALES CO. v. I. C. C.

No. 76-1118.

561 F.2d 1219 (1977)

ISLAND CREEK COAL SALES COMPANY, Foreston Coal International Inc., John K. Irish & Co., Inc., Jno. McCall Coal Export Corp., Seneca Coal Corp., Stinnes Coal Co., United Eastern Coal Sales Corp., and A. L. Watson Co., Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Association of American Railroads, Intervening Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 27, 1977.

Attorney(s) appearing for the Case

Walter J. Myskowski, Washington, D. C., for petitioners.

Thomas C. Dorsey, Hollis G. Duensing, Ass'n of American Railroads, Washington, D. C., Paul C. Kunkel, of Kunkel & Kunkel, Cincinnati, Ohio, for intervening respondent Association.

Fritz R. Kahn, Gen. Counsel, I.C.C., Washington, D. C., Raymond Michael Ripple, Arthur J. Cerra, Charles H. White, Jr., Edward H. Levi, Atty. Gen. of United States, Dept. of Justice, Catherine G. O'Sullivan, Barry Grossman, Bruce B. Wilson, Washington, D. C., for respondents.

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

PHILLIPS, Chief Judge.

This case is before the court on a petition to review, set aside and annul an order of the Interstate Commerce Commission (ICC).1

Eight shippers challenge the legality of demurrage charges2 collected from them by several railroads under an ICC order. The demurrage charges were collected on various shipments of coal and coke which had been transported to east coast ports for export...

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