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ABERDEEN & ROCKFISH R. CO. v. UNITED STATES

No. 77-1054.

565 F.2d 327 (1977)

ABERDEEN & ROCKFISH RAILROAD COMPANY et al., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 25, 1978.

Attorney(s) appearing for the Case

Paul M. Haygood, New Orleans, La., for petitioners and intervenor, Chessie System Lines.

Howard J. Trienens, R. Eden Martin, Richard L. Miller, Lawrence A. Miller, George L. Saunders, Jr., Chicago, Ill., for petitioners.

Carl E. Sanders, John L. Taylor, Jr., Atlanta, Ga., for SEARUC & Southern Governors' Conference.

H. N. Babcock, Cleveland, Ohio, for Chessie System Lines.

Griffin B. Bell, U. S. Atty. Gen., U. S. Dept. of Justice, Peter A. Fitzpatrick, Asst. Gen. Counsel, Mark L. Evans, Kenneth G. Caplan, Attys. ICC, Gen. Counsel, Washington, D. C., for respondents.

Moise W. Dennery, Atty., J. William Vaudry, Jr., New Orleans, La., Walter J. Myskowski, Washington, D. C., Richard H. Stokes, George M. Onken, Jamaica, N. Y., for Long Island Rail Road Co.

Before GOLDBERG, and HILL, Circuit Judges, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge:

This case comes before us upon the petition of Southern and Western railroads, invoking our alleged jurisdiction under 28 U.S.C. § 2342 to review and set aside an order dated November 23, 1976, served December 9, 1976, modifying an order dated August 15, 1975, served September 12, 1975, issued by the Interstate Commerce Commission [ICC] in its Docket Ex Parte 299 (Sub. No. 1) "Increases...

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