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ABERDEEN & ROCKFISH RAILROAD COMPANY v. UNITED STATES

No. 77-1054.

586 F.2d 609 (1978)

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.

December 21, 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 and Southern Governors' Conference.

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

Peter A. Fitzpatrick, Asst. Gen. Counsel, Mark L. Evans, Gen. Counsel, Kenneth G. Caplan, Atty., I.C.C., Washington, D. C., for respondents.

Moise W. Dennery, 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 R. Co.

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

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM.

The Supreme Court granted certiorari to review our earlier decision in this case, Aberdeen & Rockfish Railroad Co. v. United States, 565 F.2d 327 (5th Cir. 1977). The Court's grant of certiorari was limited to one question:

Did the Court of Appeals thwart the purpose of the Railroad Retirement Amendments and frustrate the final judgment...

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