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ATCHISON, TOPEKA AND SANTA FE RY. CO. v. I. C. C.

No. 81-2429.

687 F.2d 912 (1982)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; William M. Gibbons, Trustee of the Property of Chicago, Rock Island & Pacific Railroad Company, Debtor; Fort Worth and Denver Railway Company; Missouri-Kansas-Texas Railroad Company; and Missouri Pacific Railroad Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Farmers Export Company, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1982.

Attorney(s) appearing for the Case

Richard E. Weicher, Santa Fe Industries, Law Dept., Chicago, Ill., for petitioners.

Charles A. Stark, Gen. Counsel, I. C. C., Washington, D. C., for respondents.

Richard S. M. Emrich, Chicago, Ill., for intervenor.

Before BAUER, Circuit Judge, DAVIS, Judge, and COFFEY, Circuit Judge.

DAVIS, Judge.

This is a proceeding to review two decisions of the Interstate Commerce Commission ("ICC") in which the Commission ordered the petitioners, five railroad carriers, to refund the penalty portion of certain demurrage charges to Farmers Export Company ("Farmers Export"), the intervenor. Jurisdiction rests in this court under 28 U.S.C. § 2321(a) and § 2342(5) (1976 & Supp. IV 1980). We affirm.

I.

Railroads assess demurrage...

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