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INTERNATIONAL BAKERAGE, INC. v. I. C. C.

No. 78-2467.

600 F.2d 541 (1979)

INTERNATIONAL BAKERAGE, INC., Plaintiff-Appellant, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants-Appellees, v. CENTRAL OF GEORGIA RAILROAD CO., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 1979.

Attorney(s) appearing for the Case

Robert E. Born, Atlanta, Ga., for plaintiff-appellant.

Mark L. Evans, Gen. Counsel, Henri F. Rush, Assoc. Gen. Counsel, Washington, D. C., William L. Harper, U. S. Atty., Atlanta, Ga., for I. C. C.

Peter S. Craig, Washington, D. C., for U. S. A.

David Popowski, I. C. C., Barbara A. Babcock, Asst. Atty. Gen., Washington, D. C., Richard K. Hines, Edgar A. Neely, Jr., Atlanta, Ga., for Central of Georgia R.R.

Before SIMPSON, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This case involves the narrow issue of proper application of rate increases, authorized in Ex Parte No. 281, Increased Freight Rates and Charges, 341 I.C.C. 288 (1972), to shipments of recyclable material shipped under a transit privilege. The Interstate Commerce Commission (ICC) found that the rate increase was properly imposed upon the material, which had been recycled in transit, and denied the claim of International Bakerage...

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