CONTINENTAL GRAIN CO. v. UNITED STATES

Nos. 77-1870, 78-1608.

603 F.2d 939 (1979)

CONTINENTAL GRAIN COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1979.


Attorney(s) appearing for the Case

Richard J. Hardy, with whom Charles W. Chapman, Washington, D. C., and Rodman Kober, New York City, were on brief, for petitioner in No. 77-1870.

John H. Doeringer, of the bar of the Seventh Circuit, pro hac vice by special leave of Court, Chicago, Ill., for petitioner in No. 78-1608.

Christine N. Kohl, Deputy Associate Gen. Counsel, with whom Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I. C. C. and William D. Coston, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., for respondent United States of America.

Before ROBB and WILKEY, Circuit Judges, and RICHEY, District Judge.


Opinion for the Court filed by CHARLES R. RICHEY, District Judge.

CHARLES R. RICHEY, District Judge:

The Continental Grain Company (hereinafter, "Continental") and the Illinois Central Gulf Railroad Company (hereinafter, "ICG") petition the Court to set aside orders of the Interstate Commerce Commission (hereinafter, "ICC" or "the Commission") in ICC Docket No. Ex Parte 307, Investigation Into the Distribution...

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