ABERDEEN & ROCKFISH R. CO. v. UNITED STATES

Nos. 80-2099, 80-2327.

682 F.2d 1092 (1982)

ABERDEEN & ROCKFISH RAILROAD COMPANY & Other Railroads, Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents. NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC., Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 22, 1982.


Attorney(s) appearing for the Case

John J. Powers, III, James H. Laskey, Kenneth P. Kolson, U. S. Dept. of Justice, Evelyn G. Kitay, Atty., I. C. C., Washington, D. C., for respondents.

James E. Sykes, Chicago, Ill., for Western R. R. Ass'n.

James R. Paschall, Asst. Gen. Atty., Washington, D. C., for Southern Ry. System.

Albert B. Russ, Jr., Jacksonville, Fla., for Seaboard Coast Lines R. R.

Harry N. Babcock, Cleveland, Ohio, for Chessie System.

Rea, Cross & Auchincloss, Patrick McEligot, Bryce Rea, Jr., Washington, D. C., for National Motor Freight Traffic Ass'n, Inc.

Leonard A. Jaskiewicz, Washington, D. C., for Bulk Carrier Conference, Inc.

Before GARZA, POLITZ and WILLIAMS, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 22, 1982.

JERRE S. WILLIAMS, Circuit Judge:

Petitioners in these consolidated cases are the nation's railroads and the National Motor Freight Traffic Association (NMFTA), an organization composed of approximately 3,000 common motor carriers. We shall refer to petitioners collectively as "Carriers." The Carriers have sought review, pursuant to 28 U.S.C. §§ 2321(a), 2342(5), and 2344, of a portion of...

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