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ALLDREDGE GRAIN & STORAGE CO. v. I.C.C.

No. 82-2410.

720 F.2d 480 (1983)

ALLDREDGE GRAIN & STORAGE COMPANY; Allison Concrete Products; B.J. Elevator, Inc.; Bass Elevator; Chilliocothe Grain Company, Chula Coop., Coin Grain Corp., Davis County Agri Service; Essex Elevator; Farm Service Company; Farmers Coop. Elevator; Imogene Grain; J & N Fertilizer Co., Inc.; Johnson Brothers Mills; MFA, Incorporated; Milbank Mills; Moore Fertilizer; Naples Terminal Company, Ray-Carroll County Grain Growers, Inc.; Randolph Fertilizer Company; Reed Seed Company; Riegel Textile Corporation; St. Louis Grain Corporation; Shenandoah Agri Service; Sure-Grow Plant Food; Tall Corn Coop.; Van Buskirk Grain & Coal Co., and Votna Valley Grain Company, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1983.

Attorney(s) appearing for the Case

Michael P. Casey, St. Louis, Mo., Thomas F. McFarland, Jr., Chicago, Ill., for petitioners; Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., Belnap, Spencer & McFarland, Chicago, Ill., of counsel.

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Marion L. Jetton, Dept. of Justice, Washington, D.C., John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Sidney L. Strickland, Jr., I.C.C., Washington, D.C., for respondents.

F. Blair Wimbush, Norfolk and Western Ry. Co., Roanoke, Va., for intervenor.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and DUMBAULD, Senior District Judge.

LAY, Chief Judge.

Petitioners1 seek review of an Interstate Commerce Commission decision permitting Norfolk and Western Railway Company to collect a surcharge on traffic on its line. We affirm the decision of the Commission.

Norfolk and Western (N & W) is a railroad that has a line operating between Brunswick, Missouri and Omaha, Nebraska. On December 30, 1981, N & W filed with the Interstate Commerce Commission (ICC) a...

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