NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Atchison, Topeka and Santa Fe Railway Co., et al., Institute of Scrap Iron and Steel, Inc., National Steel Corporation (79-1582), American Paper Institute, Inc. (79-1590), Intervenors.
INSTITUTE OF SCRAP IRON AND STEEL, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Atchison, Topeka and Santa Fe Railway Co., et al., Intervenors.
ARMCO, INC., et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Bethlehem Steel Corporation, Intervenor.
AMERICAN PAPER INSTITUTE, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
National Association of Recycling Industries, Inc., Intervenors.
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
National Association of Recycling Industries, Inc., Intervenors.
The ALUMINUM ASSOCIATION, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
National Association of Recycling Industries, Inc., Intervenors.
FORT HOWARD PAPER COMPANY, Petitioner,
v.
The UNITED STATES of America and Interstate Commerce Commission, Respondents.
SOUTHERN PAPER TRAFFIC CONFERENCE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
SOUTHWESTERN PAPER TRAFFIC CONFERENCE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
WISCONSIN PAPER AND PULP MANUFACTURERS TRAFFIC ASSOCIATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
WESTERN PAPER TRAFFIC CONFERENCE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
GLASS PACKAGING INSTITUTE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 17, 1979.
Decided April 25, 1980.
Rehearing Denied August 15, 1980.
Attorney(s) appearing for the Case
Edward L. Merrigan, Washington, D.C., for petitioner National Ass'n of Recycling Industries, in No. 79-1393.
David Reichert, Cincinnati, Ohio, with whom Howard Gould and Stephen D. Strauss, Cincinnati, Ohio, were on the brief, for petitioner Institute of Scrap Iron and Steel, Inc., in No. 79-1395.
John F. Donelan, Washington, D.C., with whom John K. Maser, III, Eugene T. Liipfert, Fritz R. Kahn and L. John Osborn, Washington, D.C., Paul V. Miller, Bethlehem, Pa., were on the joint opening brief for Armco, Inc., Inland Steel Co., Republic Steel Corp., and Youngstown Sheet and Tube Co. (petitioners in No. 79-1582), and Bethlehem Steel Corp. and National Steel Corp. (intervenors in No. 79-1582).
John F. Donelan, Washington, D.C., with whom John K. Maser, III, and Renee D. Rysdahl, Washington, D.C., were on the brief, for petitioner American Paper Institute, Inc., in No. 79-1583.
Michael Boudin, Washington, D.C., with whom Timothy A. Harr, Washington, D.C., Richard W. Kienle, Roanoke, Va., and John A. Daily, Philadelphia, Pa., were on the brief, for petitioner Railroads in No. 79-1590.
Dickson R. Loos, Washington, D.C., for petitioner Aluminum Association, Inc., in No. 79-1611.
C. Michael Loftus, Washington, D.C., with whom William L. Slover and Donald G. Avery, Washington, D.C., were on the brief, for petitioner Fort Howard Paper Co. in No. 79-1620.
Robert N. Kharasch, Washington, D.C., with whom Edward D. Greenberg, Chicago, Ill., was on the brief, for petitioner Southern Paper Traffic Conference in No. 79-1838, petitioner Southwestern Paper Traffic Conference in No. 79-1839, petitioner Wisconsin Paper and Pulp Manufacturers Traffic Ass'n, in No. 79-1860, and petitioner Western Paper Traffic Conference in No. 79-1970.
Michael M. Briley, Toledo, Ohio, with whom Louis E. Tosi and Stephen B. Mosier, Toledo, Ohio, were on the brief, for petitioner Glass Packaging Institute in No. 79-1984.
David Popowski, Washington, D.C., Atty., I. C. C., with whom Robert S. Burk, Acting Gen. Counsel, Washington, D.C., was on the brief, for respondent I. C. C.
Barry Grossman, Atty., Dept. of Justice, Washington, D.C., with whom Robert Lewis Thompson, Atty., Dept. of Justice, Washington, D.C., was on the brief for respondent Department of Justice.
Before WILKEY and MIKVA, Circuit Judges, and FLANNERY, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
These consolidated cases mark the second time this court has been called upon to review a final report and order of the Interstate Commerce Commission (ICC) in its congressionally mandated investigation of the railroad rate structure for recyclable commodities in relation to virgin or raw materials. In our review of the first Commission report and order in this proceeding, National...
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