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ATCHISON, T. & S. F. RY. CO. v. UNITED STATES

No. 78-2044.

597 F.2d 593 (1979)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 26, 1979.

As Amended May 3, 1979.

Attorney(s) appearing for the Case

Howard J. Trienens, Chicago, Ill., for petitioners.

Frederick W. Read, III, Interstate Commerce Commission, Robert Lewis Thompson, Dept. of Justice, Washington, D.C., for respondents.

Before FAIRCHILD, Chief Circuit Judge, and TONE and BAUER, Circuit Judges.

BAUER, Circuit Judge.

This is a petition for review of an order of the Interstate Commerce Commission issued on July 19, 1978. The petitioners are forty railroads who are members of the Western Traffic Association, the Southern Freight Association and the Traffic Executive Association-Eastern Railroads. The sole issue presented for review is whether the Commission erred in concluding that it lacks jurisdiction under 49 U.S.C. § 5c, the Interstate Commerce Act...

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