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ASG INDUSTRIES, INC. v. UNITED STATES

No. 75-1962.

548 F.2d 147 (1977)

ASG INDUSTRIES, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, and The Atchison, Topeka & Santa Fe Ry. Co., et al., Intervening Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 5, 1977.

Attorney(s) appearing for the Case

R. B. Batchelder, Omaha, Neb., Emried D. Cole, Jr., Louisville, Ky., R. K. Johnson, Chicago, Ill., F. G. Pfrommer, San Francisco, Cal., W. R. Power, St. Paul, Minn., William H. Teasley, Washington, D. C., Walter G. Treanor, Charles W. Burkett, Louis P. Warchot, San Francisco, Cal., James G. Headley, Cincinnati, Ohio, for Railway intervenors.

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

Frederick W. Read, III, Gen. Counsel, I. C. C., Washington D. C., for respondents.

Before EDWARDS and McCREE, Circuit Judges, and RUBIN, District Judge.

CARL B. RUBIN, District Judge.

This is an appeal wherein ASG Industries seeks to vacate an order of the Interstate Commerce Commission, Division II, dated June 2, 1975. The action is brought pursuant to 28 U.S.C. §§ 2341-23491 and 49 U.S.C. § 17(9). The appellee railroads have intervened in this proceeding as of right under 28 U.S.C. § 2348. The record before this court consists of the pleadings, statements of witnesses...

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