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GEORGIA POWER CO. v. UNITED STATES

No. 79-3098.

617 F.2d 107 (1980)

GEORGIA POWER COMPANY and Southern Company Services, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

May 15, 1980.

Attorney(s) appearing for the Case

Troutman, Sanders, Lockerman & Ashmore, John R. Molm, James W. Freeman, Michael Andre Donnella, Atlanta, Ga., for petitioners.

Robert Lewis Thompson, Antitrust Div., Dept. of Justice, Wayne M. Senville and Kathleen M. Dollar, I.C.C., Washington, D. C., for respondents.

Walter J. Suthon, III, New Orleans, La., for Southern Railway Co., et al.

Michael Boudin, Washington, D. C., for intervenors.

Before MORGAN, HENDERSON and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

Petitioner seeks review of the ICC's decision not to suspend and investigate a rail freight tariff under § 10707 of the Revised Interstate Commerce Act, 49 U.S.C.A. § 10707 (West Pamphlet 1979).1 Because we lack jurisdiction to review the Commission's order, we dismiss the petition.

On May 4, 1979, Intervenor Southern Railway Company ("Southern") filed tariff schedules which proposed to increase...

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