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MONTANA CONSUMER COUNSEL v. UNITED STATES

No. 76-3693.

607 F.2d 1226 (1979)

MONTANA CONSUMER COUNSEL and Montana Department of Agriculture, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Burlington Northern, Inc., Chicago Milwaukee, St. Paul and Pacific Railroad Company and Union Pacific Railroad Company, Intervenors-Respondents.

United States Court of Appeals, Ninth Circuit.

August 17, 1979.

Attorney(s) appearing for the Case

Thomas M. Auchincloss, Jr., Washington, D.C. (on brief), and Geoffrey L. Brazier, Helena, Mont., argued, for petitioners.

Robert B. Nicholson and Edward Lawson, Dept. of Justice, Washington, D.C., on brief, for respondents; Christine N. Kohl, Washington, D.C., William R. Power, St. Paul, Minn., argued.

Before BROWNING and KENNEDY, Circuit Judges, and CHRISTENSEN, District Judge.

KENNEDY, Circuit Judge:

The petitioners in this case challenge an order of the Interstate Commerce Commission (ICC) issued after the Commission determined that intrastate freight rates established pursuant to Montana rate-making procedures were so low as to be an unreasonable burden on interstate commerce. The ICC issued the order pursuant to 49 U.S.C. §§ 13(3) & (4) and we have jurisdiction pursuant to 28 U.S.C. §§ 2321 & 2342(5). The...

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