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ARMCO, INC. v. I. C. C.

No. 80-3124.

669 F.2d 417 (1982)

ARMCO, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Atchison, Topeka & Santa Fe Railway Co., Chicago Rock Island & Pacific Railroad, William M. Gibbons, Trustee, Missouri-Kansas-Texas Railroad, Missouri Pacific Railroad Co., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1982.

Attorney(s) appearing for the Case

Frank C. Brooks, Brooks & Brooks, Dallas, Tex., James G. Headley, Frost & Jacobs, Cincinnati, Ohio, John A. DiNardo, Middletown, Ohio, for petitioner.

Richard A. Allen, Gen. Counsel, Evelyn G. Kitay, Robert J. Grady, I. C. C., Washington, D. C., John J. Powers, III, Frederic Freilicher, Dept. of Justice, Antitrust Division, Washington, D. C., for respondents.

Richard E. Weicher, Gen. Atty., Santa Fe Industries, Chicago, Ill., for intervenor AT&SF (Santa Fe Industries).

Before KEITH and MERRITT, Circuit Judges, and GUY, District Judge.

MERRITT, Circuit Judge.

At issue here is the railroad tariff which permits shippers of iron and steel to stop and temporarily unload their shipments in transit for the purposes of performing certain permitted fabrication operations on the iron or steel at the transit stop, before sending the shipment on to its specified destination. This "transit tariff" permits shippers to pay a single through rate from point of origin to destination rather than the more expensive...

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