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FLORIDA EAST COAST RY. CO. v. UNITED STATES

No. 78-2188.

623 F.2d 391 (1980)

FLORIDA EAST COAST RAILWAY CO. et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

August 8, 1980.

Attorney(s) appearing for the Case

Fred R. Birkholz, Louisville, Ky., for petitioners.

Shirley A. Brantingham, St. Paul, Minn., for 13 Southern & Western Railroads.

James P. Tuite, I.C.C., Washington, D.C., Barry Grossman, Chief, Bruce E. Fein, Frederick W. Read, III, App. Sec., Antitrust Div., Dept. of Justice, Washington, D.C., for respondents.

R. Jeffrey Behm, Director, Federal Trade Comm., Washington, D.C., for amicus curiae.

Before GEE and RANDALL, Circuit Judges, and LYNNE, District Judge.

GEE, Circuit Judge:

The Southern Ports Foreign Freight Committee ("SPFFC") petitions for review of an Interstate Commerce Commission ("ICC" or "Commission") order terminating the ICC's interim approval of the ratemaking agreement proposed by the SPFFC pursuant to section 5a of the Interstate Commerce Act, 49 U.S.C.A. § 10706 (1979) (amending 49 U.S.C. § 5b (1976)). Finding the SPFFC's contentions to be without merit, we enforce the ICC's order.

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