SEABOARD ALLIED MILLING CORP. et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION et al., Respondents.
BOARD OF TRADE OF the CITY OF CHICAGO et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION et al., Respondents.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted January 13, 1978.
Decided February 16, 1978.
Rehearing and Rehearing Denied May 12, 1978.
Attorney(s) appearing for the Case
John H. Caldwell, Washington, D. C., argued, for petitioners in case no. 77-1729, Seaboard Allied Milling Corp., et al., and on brief, for petitioners-intervenors Southeastern Poultry and Egg Assn.
Robert L. Thompson, App. Sec., Antitrust Div., U. S. Dept. of Justice, Washington, D. C., argued, for respondent, United States.
Harold E. Spencer (argued), Thomas F. McFarland, Jr., and Richard S. M. Emrich, III, Chicago, Ill., and W. Thomas McGhee, St. Louis, Mo., on brief, for petitioners, Board of Trade of the City of Chicago, et al.
Mark L. Evans, Gen. Counsel and Charles H. White, Jr., Associate Gen. Counsel, ICC (argued), Washington, D. C., on brief, for respondent, Interstate Commerce Commission.
Wandaleen Poynter, Jacksonville, Fla. (argued), Charles N. Marshall, Washington, D. C. (argued), Richmond C. Coburn, Adrian L. Steel, Jr., St. Louis, Mo., and Michael Boudin, Washington, D. C., on brief, for Railroad intervenors-respondents.
Rufus L. Edmisten, Atty. Gen., Richard L. Griffin, Associate Atty. Gen., Raleigh, N. C., on brief, for State of North Carolina.
John C. Noonan and Arthur J. Cerra, Kansas City, Mo., Peter A. Greene and Neal A. Jackson, Washington, D. C., on brief, for petitioners-intervenors Southeastern Poultry and Egg Association.
Theodore L. Sendak, Atty. Gen. of Indiana, William G. Mundy, Deputy Atty. Gen., Indianapolis, Ind., on brief, for intervenor-petitioner, State of Indiana, et al.
Before GIBSON, Chief Judge, and VAN OOSTERHOUT and MATTHES, Senior Circuit Judges.
United States Court of Appeals, Eighth Circuit.
Rehearing and Rehearing En Banc Denied May 12, 1978.
VAN OOSTERHOUT, Senior Circuit Judge.
These are consolidated actions brought to set aside the Interstate Commerce Commission's orders in Docket 36663, Demand-Sensitive Rates in Grain and Soybeans — Southern Freight Association Territory (SFA). The Commission in its orders refused to suspend and to investigate the railroads' proposed tariff providing a 20% increase in rail rates applicable from September...
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