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GENSTAR CHEMICAL LTD. v. I. C. C.

Nos. 80-1170, 80-1752 and 80-1921.

665 F.2d 1304 (1981)

GENSTAR CHEMICAL LIMITED, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Consolidated Rail Corporation, et al., Intervenors. GENSTAR CHEMICAL LIMITED v. INTERSTATE COMMERCE COMMISSION, et al., Consolidated Rail Corporation, et al., Appellants. GENSTAR CHEMICAL LIMITED v. INTERSTATE COMMERCE COMMISSION United States of America, Appellants, Consolidated Rail Corporation, Norfolk and Western Railway Company, Chesapeake and Ohio Railway Company, Baltimore and Ohio Railroad Company, Western Maryland Railway Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 25, 1981.

Certiorari Denied March 29, 1982.

Attorney(s) appearing for the Case

Cecilia E. Higgins, Atty., I. C. C., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Richard A. Allen, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I. C. C., and Royce C. Lamberth, Kenneth M. Raisler and Whitney Adams, Asst. U. S. Attys., Washington, D. C., were on the brief, for I. C. C. and United States of America, appellants in No. 80-1921 and appellees/respondents in Nos. 80-1179 and 80-1752. Sanford M. Litvack, John J. Powers, III, and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents in No. 80-1179.

Michael Boudin, Washington, D. C., with whom Theodore Voorhees, Jr., Washington, D. C., and Richard W. Kienle, Roanoke, Va., were on the brief, for Consolidated Rail Corp., et al., appellants in No. 80-1752, appellees in No. 80-1921 and intervenors in No. 80-1179.

William Q. Keenan for Genstar Chemical Ltd., appellee in Nos. 80-1752 and 80-1921 and petitioner in No. 80-1179.

Before ROBINSON, Chief Judge, THORNBERRY, Senior Circuit Judge, and WILKEY, Circuit Judge.

Certiorari Denied March 29, 1982. See 102 S.Ct. 1750.

Opinion for the Court filed by Senior Circuit Judge THORNBERRY.

THORNBERRY, Senior Circuit Judge:

Genstar Chemical Limited filed a claim with the Interstate Commerce Commission against some thirty railroads to recover for alleged overcharges on shipments between the United States and Canada. The Commission awarded Genstar only a fraction of the amount requested. Genstar then filed a petition for...

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