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  5. 646 F.2d 1187 (1981)
 

BOARD OF TRADE OF CITY OF CHICAGO v. I.C.C.

Nos. 80-1309, 80-1470.

646 F.2d 1187 (1981)

BOARD OF TRADE OF the CITY OF CHICAGO, Petitioner, v. The INTERSTATE COMMERCE COMMISSION et al., Respondents, Baltimore & Ohio Railroad Company et al., Intervening Respondents. The PEAVEY COMPANY et al., Petitioners, v. The INTERSTATE COMMERCE COMMISSION et al., Respondents, Baltimore & Ohio Railroad Company et al., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1981.

Rehearing Denied May 21, 1981.

Rehearing and Rehearing Denied July 10, 1981.

Attorney(s) appearing for the Case

Harold E. Spencer, Chicago, Ill., Ross L. Thorfinnson, Hopkins, Minn., for petitioner.

Tim L. Abendroth, Interstate Commerce Commission, Washington, D. C., for respondent.

John A. Daily, Philadelphia, Pa., for intervening respondents.

Before PELL and BAUER, Circuit Judges, and WILL, Senior Judge.

Rehearing and Rehearing En Banc Denied July 10, 1981.

WILL, Senior Judge.

Petitioners appeal from a decision of the Interstate Commerce Commission that certain tariff schedules filed by the intervening respondent railroads are not unlawful under the Interstate Commerce Act. For the reasons hereinafter stated, we reverse and remand.

I

Prior to 1976, rates from Chicago1

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