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CHESAPEAKE AND OHIO RY. CO. v. UNITED STATES

Nos. 81-2286, 82-1693 and 82-1625.

704 F.2d 373 (1983)

CHESAPEAKE AND OHIO RAILWAY COMPANY, et al., Missouri Pacific Railroad Company, Grand Trunk Western Railroad Company, and Detroit, Toledo & Ironton Railroad Company, Petitioners, American Paper Institute, Inc., Intervening Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 4, 1983.

Attorney(s) appearing for the Case

John C. Danielson, Detroit, Mich., Michael Thompson, St. Louis, Mo., for petitioners.

Cecelia E. Higgins, I.C.C., John J. Powers, III, Dept. of Justice, Washington, D.C., for respondents.

Before PELL, CUDAHY and POSNER, Circuit Judges.

POSNER, Circuit Judge.

Several railroads and a shipper group ask us to set aside the Interstate Commerce Commission's decision in Changes in Routing Provisions—Conrail—July 1981, 365 I.C.C. 753 (1982), approving Conrail's cancellation of a large number of joint rates. The decision was based on 49 U.S.C. § 10705(e), which provides that "the carrier proposing the cancellation has the burden of proving that cancellation is consistent with the...

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