ALUM. CO. OF AMERICA v. I. C. C.

No. 77-1438.

581 F.2d 1004 (1978)

ALUMINUM COMPANY OF AMERICA, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Atchison, Topeka & Santa Fe Railway, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1978.


Attorney(s) appearing for the Case

Dickson R. Loos, Washington, D. C., with whom Barry Roberts, Washington, D. C., was on the brief for petitioner.

John J. McCarthy, Jr., Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I. C. C., Barry Grossman and Frederic Freilicher, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Don McDevitt, Chicago, Ill., was on the brief for intervenor.

Alan J. Thiemann and David Popowski, Attys., I. C. C., Washington, D. C., entered appearances for respondent Interstate Commerce Commission.

Before TAMM and ROBB, Circuit Judges, and DAVIES, United States District Judge for the District of North Dakota.


Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

The Aluminum Company of America (Alcoa) petitions for review of an order of the Interstate Commerce Commission (ICC) upholding a rate increase for shipments of petroleum coke in the Southwest Freight Bureau (SWFB) territory.1

In 1975 the SWFB filed with the ICC a proposed rate increase for petroleum coke within the Southwestern territory and between...

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