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ATCHISON, T. & S. F. RY. CO. v. I. C. C.

No. 77-1946 Summary Calendar.

588 F.2d 517 (1979)

The ATCHISON, TOPEKA & SANTA FE RAILWAY CO. et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

January 26, 1979.

Attorney(s) appearing for the Case

Raymond J. Salassi, Jr., New Orleans, La., Charles W. Burkett, John MacDonald Smith, San Francisco, Cal., for petitioners.

Griffin B. Bell, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Mark Evans, ICC, Gen. Counsel, Charles White, Jr., Associate, Kenneth G. Caplan, Carl D. Lawson, Asst. Chief, James F. Ponsoldt, Atty., App. Section, U. S. Dept. of Justice, Washington, D. C., for respondents.

J. William Vaudry, Jr., Moise W. Dennery, New Orleans, La., for Long Island Rail Road Co.

Richard H. Stokes, Jamaica, N. Y., Walter J. Myskowski, Barry Roberts, Washington D. C., for Sunkist Growers, Inc.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

This is a petition for review of an order of the Interstate Commerce Commission establishing rates for the shipment of citrus fruits by rail eastward from California and Arizona. Docket No. 35960, Sunkist Growers, Inc. v. The Akron, Canton & Youngstown R.R. Co.

In 1974, citrus growers in these two states filed a complaint with the ICC requesting a prescription of rates taking into account the use of modern refrigerator cars and scaled...

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