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SYSTEM FUELS, INC. v. UNITED STATES

No. 79-2491.

642 F.2d 112 (1981)

SYSTEM FUELS, INC. and Arkansas Power & Light Company, Petitioners, v. The UNITED STATES of America and The Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied June 16, 1981.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Edward B. Poitevent, II, New Orleans, La., J. Raymond Clark, Washington, D. C., for petitioners.

Gerald B. Fleming, Kathleen M. Dollar, Attys., ICC, Robert Lewis Thompson, John J. Powers, Dept. of Justice, Washington, D. C., for respondents.

Paul M. Haygood, New Orleans, La., R. Eden Martin, John Will Ongman, Washington, D. C., for intervenors, for Burlington Northern, Inc. and Missouri Pac. Railroad Co.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 16, 1981. See 648 F.2d 265.

GEE, Circuit Judge:

Arkansas Power & Light Company (AP&L), an electric utility, and System Fuels, Inc. (SFI), a fuel purchasing company, both members of the Middle South Utilities System (collectively referred to as "System" or "utility"), filed a complaint with the Interstate Commerce Commission (ICC or Commission), seeking prescription of the...

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