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PACIFIC TOWBOAT & SALVAGE CO. v. I. C. C.

No. 78-1985.

620 F.2d 727 (1980)

PACIFIC TOWBOAT & SALVAGE CO., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

May 22, 1980.

Attorney(s) appearing for the Case

Boris H. Lakusta, San Francisco, Cal., for petitioner.

Denis M. O'Brien, I.C.C., Washington, D. C., for respondents; Gerald B. Fleming, Washington, D. C., on brief.

Before TUTTLE, WALLACE and NELSON, Circuit Judges.

TUTTLE, Circuit Judge:

This petition to set aside an action of the Interstate Commerce Commission presents a question of the justiciability of a review of an action by the Commission which contained no affirmative order, no sanction, did not change the status of any party, and had no binding effect on anyone.

The Commission action was denominated "Decision and Order, No. W-C-29 Pacific Towboat and Salvage Company—Investigation of Operations." It concludes...

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