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MISSISSIPPI PUBLIC SERVICE COMMISSION v. I. C. C.

Nos. 81-4407, 81-4410.

662 F.2d 314 (1981)

MISSISSIPPI PUBLIC SERVICE COMMISSION, Can-Tex Industries, Todd's Farm Supply, W. E. Walker Stores, A. N. Fowler and M. S. Stuckey, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

November 9, 1981.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D. C., Frank B. Barber, Jackson, Miss., for petitioners.

Cecelia E. Higgins, I.C.C., Washington, D. C., for respondents.

John H. Doeringer, Howard D. Koontz, Chicago, Ill., John W. Adams, Jr., Mobile, Ala., for intervenor I.C. Gulf Railroad Co.

Before AINSWORTH, REAVLEY and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

On August 14, 1981, pursuant to the provisions of Section 217(a)(1) of the Staggers Rail Act of 1980 (the "Staggers Act"), now codified at 49 U.S.C. § 10705a, Illinois Gulf Central Railroad Company ("ICG") published a branch line surcharge (the "surcharge") of $275 per car on shipments to or from stations on its line between Silver Creek and Columbia, Mississippi. In accordance with Section 10705a(f), which provides that a surcharge tariff...

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