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ARIZONA ELEC. POWER CO-OP., INC. v. I. C. C.

Nos. 80-1761, 80-2016 and 80-2057.

675 F.2d 303 (1982)

ARIZONA ELECTRIC POWER COOPERATIVE, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Eastern and Western Railroads, Southern Railroads, Intervenors. The ALUMINUM ASSOCIATION, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Eastern, Southern and Western Railroads, Intervenors. KAISER ALUMINUM & CHEMICAL CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Eastern, Southern and Western Railroads, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 1982.

Attorney(s) appearing for the Case

William L. Stover with whom C. Michael Loftus and Donald G. Avery, Washington, D. C., were on the brief for Arizona Elec. Power Co-op., Inc., et al., petitioners in No. 79-1761.

Dickson R. Loos with whom David H. Baker, Washington, D. C., was on the brief for The Aluminum Ass'n, Inc., petitioner in No. 80-2016.

Denise M. O'Brien with whom John H. Caldwell and John H. Spellman, Washington, D. C., were on the brief for Kaiser Aluminum and Chemical Corp., petitioner in No. 80-2057.

Ellen K. Schall, Deputy Associate Gen. Counsel, with whom Richard A. Allen, Gen. Counsel, and Robert S. Burk, Deputy Gen. Counsel, I.C.C., Washington, D. C., were on the brief for respondent, I.C.C.

Joseph H. Dettmar, Atty., I.C.C., John J. Powers, III, and Kenneth P. Kolson and Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America.

Richard J. Flynn with whom Richard E. Young and R. Eden Martin, Washington, D. C., were on the brief for intervenors.

Before BAZELON, Senior Circuit Judge, and MacKINNON and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge.

On July 3, 1980, the Interstate Commerce Commission ("Commission") declined to suspend or investigate certain general rate increases proposed by the nation's railroads ("railroads"). (Ex parte No. 375 (Sub-No. 1). JA 1130-1142). This action has been attacked by petitioning commodity shippers on a variety of grounds. Inasmuch as Commission actions of this sort are by past...

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