DURBIN PAPER STOCK CO. v. I. C. C.

No. 77-1328.

585 F.2d 543 (1978)

DURBIN PAPER STOCK COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Florida East Coast Railway Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1978.


Attorney(s) appearing for the Case

Abraham A. Diamond, Chicago, Ill., for petitioner.

Kenneth P. Kolson, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, and Frederick W. Read, III, Associate Gen. Counsel, I. C. C., Washington, D. C., were on the brief, for respondent I. C. C. Charles H. White, Jr., Associate Gen. Counsel, I. C. C., Washington, D. C., also entered an appearance for respondent I. C. C.

Barry Grossman and Frederic Freilicher, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent United States of America.

John W. Humes, Jr., St. Augustine, Fla., with whom Charles N. Marshall, Washington, D. C., was on the brief, for intervening railroads.

Peter S. Craig, Washington, D. C., entered an appearance for intervenor Florida East Coast Railway Co.

Before WRIGHT, Chief Judge, and SWYGERT and LEVENTHAL, Circuit Judges.


Opinion for the court filed by J. SKELLY WRIGHT, Chief Judge.

J. SKELLY WRIGHT, Chief Judge:

Presented for our review are orders of the Interstate Commerce Commission1 dismissing a complaint filed by petitioner against several railroads for alleged violations of Sections 1(5), 1(6), and 6(7) of the Interstate Commerce Act.2 Petitioner is a merchant of waste paper and waste woodpulp originating at its...

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