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SEABOARD COAST LINE R. CO. v. UNITED STATES

Nos. 78-2009, 78-2115.

599 F.2d 650 (1979)

SEABOARD COAST LINE RAILROAD COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

July 26, 1979.

Attorney(s) appearing for the Case

Dennis G. Lyons, Leonard H. Becker, Washington, D. C., Harry McCall, Jr., New Orleans, La., Charles H. Cochran, Washington, D. C., for petitioners.

James H. Wilson, Jr., William C. Bowers, John H. Fleming, Atlanta, Ga., Peter S. Craig, Washington, D. C., for Southern Railway Co.

John J. Powers, III, Robert J. Wiggers, Attys., Dept. of Justice, Antitrust Division, Washington, D. C., Mark L. Evans, I.C.C., General Counsel, John J. McCarthy, Jr., Atty., Washington, D. C., for respondents.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case involves the review of an order of the Interstate Commerce Commission denying to Seaboard Coast Line Railroad Company (SCL) a proposed joint-line commodity rate for the hauling of industrial sand from Marston, North Carolina, to Wyoming, Illinois. Since the proposed tariff would exclude Southern Railway Company (Southern) from participation as a connecting carrier, the Commission held the tariff violated two conditions of the merger...

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