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MONONGAHELA POWER CO. v. UNITED STATES

No. 79-1662.

633 F.2d 960 (1980)

MONONGAHELA POWER COMPANY, a public utility, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Baltimore & Ohio Railroad Company, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided October 30, 1980.

Attorney(s) appearing for the Case

Troy B. Conner, Jr., Washington, D. C. (Donald J. Balsley, Jr., Conner, Moore & Corber, Washington, D. C., on brief), for petitioner.

Sidney L. Strickland, Jr., I. C. C., Washington, D. C. (Sanford M. Litvack, Sp. Asst. Atty. Gen., Barry Grossman, Chief, Appellate Section, Antitrust Section, J. Mark Manner, Dept. of Justice; Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., on brief), for respondent.

Nan R. Jacobs, Cleveland, Ohio, for intervenor.

Before BRYAN, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

Monongahela Power Company (the Company) appeals the dismissal by the Interstate Commerce Commission (ICC) of its complaint, brought under 49 U.S.C. § 11701(b),1 challenging the lawfulness of demurrage2 charged by the Baltimore and Ohio Railroad Company (B&O) (an intervenor) on coal cars detained at the Company's Harrison...

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