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CAROLINA, C. & O. RY. v. I. C. C.

No. 77-1665.

593 F.2d 1305 (1979)

CAROLINA, CLINCHFIELD AND OHIO RAILWAY, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents, National Association of Regulatory Utility Commissioners, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 1979.

Attorney(s) appearing for the Case

Stuart C. Stock, Washington, D. C., with whom Michael Boudin, Washington, D. C., and Peter J. Hunter, Jr., Roanoke, Va., were on the brief, for petitioners.

Kenneth G. Caplan, Deputy Associate Gen. Counsel, I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, I. C. C., Robert B. Nicholson and Cathy G. O'Sullivan, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Charles A. Schneider, Asst. Gen. Counsel, National Ass'n of Regulatory Utility Commissioners, Washington, D. C., with whom Paul Rodgers, Gen. Counsel and William R. Nusbaum, Deputy Asst. Gen. Counsel, National Ass'n of Regulatory Utility Commissioners, Washington, D. C., were on the brief, for intervenors.

Also Henri F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., entered an appearance for respondent.

Before WRIGHT, Chief Judge, and LEVENTHAL and WILKEY, Circuit Judges.

Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

This case involves the procedures through which the Interstate Commerce Act protects railroads from intrastate rates which discriminate against interstate commerce. Petitioners, certain interstate railroads operating in the state of North Carolina, seek review of Interstate Commerce Commission orders1 rejecting...

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