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NATIONAL ASS'N OF RECYCLING, ETC. v. I. C. C.

Nos. 77-1187, 77-1193 and 77-1292.

585 F.2d 522 (1978)

NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Atchison, Topeka & Santa Fe Railway Company, et al., American Paper Institute, Inc., Aluminum Association, Inc., Fort Howard Paper Company, Eastern Railroads, and Bergstrom Paper Company, et al., Intervenors. NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Atchison, Topeka & Santa Fe Railway Company, et al., and Eastern Railroads, Intervenors. INSTITUTE OF SCRAP IRON AND STEEL, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Northwestern Steel & Wire Company, Eastern Railroads, Atchison, Topeka & Santa Fe Railway Company, et al., and Armco Steel Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1978.

As Amended August 7 and 25, and September 6, 1978.

As Amended on Rehearing October 16, 1978.

SYLLABUS

The Interstate Commerce Commission instituted an investigation into the lawfulness of the rate structures on recyclable and virgin resource materials pursuant to Section 204 of the Railroad Revitalization and Regulatory Reform Act of 1976. After an investigation, the Commission, with three Commissioners dissenting, concluded that the majority of the rates were lawful and declined to order their removal. Petitioners...

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