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EMPIRE-DETROIT STEEL DIV., ETC. v. I. C. C.

No. 80-2790.

659 F.2d 396 (1981)

EMPIRE-DETROIT STEEL DIVISION OF CYCLOPS CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, The Baltimore and Ohio Railroad Company (B&O) and Norfolk and Western Railway Company (N&W), Intervenors.

United States Court of Appeals, Third Circuit.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Jeffrey A. Vogelman, Russell R. Sage, Major, Sage & King, Alexandria, Va., for petitioner, Empire-Detroit Steel Division of Cyclops Corp.

Richard A. Allan, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Laurence H. Schecker, Atty., I.C.C., Washington, D.C., for respondent, I.C.C.

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Kenneth P. Kolson, Attys. Dept. of Justice, Washington, D.C., for respondent U.S. of America.

John J. Paylor, Cleveland, Ohio, Richard W. Kienle, Roanoke, Va., John M. Phelan, Morgan, Lewis & Bockius, Philadelphia, Pa., for intervenors, The Baltimore and Ohio R.Co. and Norfolk Western R.Co.

Before GIBBONS and HUNTER, Circuit Judges, and GERRY, District Judge.

Submitted Under Third Circuit Rule 12(6) September 15, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case is a petition for judicial review of the decision of the Interstate Commerce Commission in Docket No. 37347F, Empire-Detroit Steel Division of Cyclops Corp. v. Baltimore & Ohio Railroad Co. (Review Board Number 4), which dismissed the complaint of Empire-Detroit for relief from penalty demurrage charges on 353 carloads of...

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