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ALUMINUM CO. OF AMERICA v. I. C. C.

No. 76-1276.

553 F.2d 1268 (1977)

ALUMINUM COMPANY OF AMERICA, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Davenport, Rock Island and North Western Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Opinion April 1, 1977.

Attorney(s) appearing for the Case

Dickson R. Loos, Washington, D. C., was on the motion for petitioner.

Arthur J. Cerra, Gen. Counsel, I. C. C., and Walter H. Walker, III, Mark L. Evans, and Charles H. White, Jr., Attys., I. C. C., Washington, D. C., were on the motion for respondent I. C. C.

Lloyd John Osborn, Atty., Dept. of Justice, Washington, D. C., was on the motion for respondent United States of America.

Robert L. Calhoun and David M. Schwartz, Washington, D. C., were on the motion for intervenor.

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

PER CURIAM:

The threshold issue raised by this case is whether the Court of Appeals or the District Court has jurisdiction to consider it. We hold that jurisdiction is in the District Court and, accordingly, grant respondents' motion to dismiss.

The petition for review herein was filed by Aluminum Company of America (Alcoa) on March 26, 1976. By that petition Alcoa sought to invoke this court's jurisdiction to review the Commission's final order in Docket...

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