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NUECES COUNTY NAV. DIST. NO. 1 v. I. C. C.

Nos. 78-1348, 79-1816, 80-1842 and 80-1843.

674 F.2d 1055 (1982)

NUECES COUNTY NAVIGATION DISTRICT NO. 1, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, et al., Respondents. PRODUCERS GRAIN CORPORATION, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, et al., Respondents. NUECES COUNTY NAVIGATION DISTRICT NO. 1, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, et al., Respondents. PRODUCERS GRAIN CORPORATION, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1982.

Attorney(s) appearing for the Case

Brooks & Brooks, Frank C. Brooks, Barry J. Brooks, Dallas, Tex., for petitioners.

Robert L. Thompson, Barry Grossman, Daniel J. Conway, Dept. of Justice, Christine N. Kohl, Evelyn G. Kitay, I. C. C., Washington, D. C., for respondents.

F. William Colburn, Houston, Tex., for Houston Port Bureau, Inc.

Michael R. O'Keefe, III, New Orleans, La., Andrew P. Goldstein, Washington, D. C., for Louis Dreyfus Corp.

Donal L. Turkal, Asst. Gen. Counsel, St. Paul, Minn., for Burlington Northern, Inc.

Hugh L. McCulley, Houston, Tex., Richard E. Weicher, Chicago, Ill., Robert H. Stahlheber, St. Louis, Mo., John P. Legendre, Dallas, Tex., for Southern Pac. Transp. Co.

Before CLARK, Chief Judge, RUBIN, and TATE, Circuit Judges.

TATE, Circuit Judge:

The petitioners, who represent port and shipper interests in Corpus Christi, Texas, seek review of an adjudication of the Interstate Commerce Commission that a rail rate of a carrier was not discriminatory to Corpus Christi, and of an order of the Interstate Commerce Commission that, inter alia, adopted a new standard of "common control" to be used in carrier rate discrimination cases under 49 U.S.C. § 10741(b), and that reopened and...

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