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GREEN BAY & W. R. CO. v. UNITED STATES

Nos. 79-2491, 80-1106 and 80-1107.

644 F.2d 1217 (1981)

GREEN BAY AND WESTERN RAILROAD CO., Ann Arbor Railroad System, and State of Michigan Department of Transportation, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. and Consolidated Rail Corporation, Intervenor Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 1981.

As Modified on Denial of Rehearing and Rehearing July 16, 1981.

Attorney(s) appearing for the Case

Daniel J. Sweeney, Ellen A. Efros and Charles W. Chapman, Washington, D. C., for petitioners.

Lawrence H. Richmond, I.C.C., Washington, D. C., Charles N. Marshall, Consolidated Rail Corp., Philadelphia, Pa., for respondents.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and CAMPBELL, Senior District Judge.

As Modified on Denial of Rehearing and Rehearing En Banc July 16, 1981.

WILLIAM J. CAMPBELL, Senior District Judge.

This appeal presents the question of whether Consolidated Rail Corporation's (ConRail) cancellation of joint rates with the Ann Arbor Railroad System (Ann Arbor) is consistent with the public interest, within the meaning of 49 U.S.C. § 10705(d). The Commission approved the cancellation of joint rates. Petitioners seek appellate review of...

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