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COUNCIL OF FOREST INDUS. OF BRITISH COL. v. I. C. C.

No. 76-1926.

570 F.2d 1056 (1978)

The COUNCIL OF FOREST INDUSTRIES OF BRITISH COLUMBIA, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Atchison, Topeka & Santa Fe Railway Co., et al., and Eastern, Southern & Western Railroads, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1978.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Chicago, Ill., with whom Harold E. Spencer, Chicago, Ill., was on the brief, for petitioner.

Kenneth G. Caplan, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, and Charles H. White, Jr., Assoc. Gen. Counsel, I. C. C., and Peter I. De la Cruz, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents. Lloyd John Osborn and Barry Grossman, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.

Lee A. Monroe, Washington, D. C., with whom Richard J. Flynn, Peter J. Vaghi, and R. Eden Martin, Washington, D. C., were on the brief, for intervenors. Susan G. Smith, Washington, D. C., also entered an appearance for intervenors.

Before WRIGHT, LEVENTHAL and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

In this action the Council of Forest Industries of British Columbia (COFI), an organization of Western Canadian lumber shippers, petitions for review of a portion of an order of the Interstate Commerce Commission (ICC) issued at the conclusion of a general revenue proceeding.1 The ICC's order authorized up to a seven percent general increase in...

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