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UNION ELEC. CO. v. UNITED STATES

Nos. 79-1844, 79-1898, 79-1920, 79-1921, 79-1972, 80-1015 and 80-1089.

626 F.2d 1348 (1980)

UNION ELECTRIC COMPANY, Missouri Public Service Company; American Electric Power Service Corporation and Wisconsin Electric Power Company, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Abilene & Southern Railway Company et al., Intervenors-Respondents. NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Abilene & Southern Railway Company et al., Intervenors. SYSTEMS FUEL, INC., Arkansas Power & Light Company and Potomac Electric Power Company, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. CELANESE CHEMICAL COMPANY, INC., Arizona Electric Power Cooperative, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. NORTH DAKOTA STATE WHEAT COMMISSION and North Dakota Public Service Commission, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Abilene & Southern Railway Company et al., Intervenors-Respondents. NATIONAL INSULATION TRANSPORTATION COMMITTEE, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Abilene & Southern Railway Company et al., Intervenors-Respondents. CONSUMERS POWER COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondent, Abilene & Southern Railway Company et al., Intervenors-Respondents.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1980.

Attorney(s) appearing for the Case

Charles J. McCarthy, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Edward Merrigan and Charles W. Chapman, Washington, D.C., for petitioners.

H. Glenn Scammel, Atty., I. C. C., Washington, D.C., for respondent, I. C. C.

Richard Flynn, Sidley & Austin, Washington, D.C., for respondents.

Before LAY, Chief Judge, HENLEY, Circuit Judge, and HANSON, Senior District Judge.

LAY, Chief Judge.

Petitioners in these consolidated cases represent shippers of various commodities whose transportation rates were affected by a general increase in railroad carrier freight charges, effective October 15, 1979.1 They seek review of the Interstate Commerce Commission's, (ICC), decision not to suspend or investigate the increase before it became effective. Ex Parte 368, Increased Freight Rates and Charges, Nationwide—...

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