UNITED STATES v. BESSEMER AND LAKE ERIE R. CO.

No. 82-2065.

717 F.2d 593 (1983)

UNITED STATES of America v. BESSEMER AND LAKE ERIE RAILROAD COMPANY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 1983.


Attorney(s) appearing for the Case

Kenneth C. Anderson, Washington, D.C., with whom Timothy W. Bergin, Washington, D.C., was on the brief for appellant.

Marion L. Jetton, Attorney, Dept. of Justice, Washington, D.C., with whom John J. Powers, III, Washington, D.C., was on the brief for appellee.

Richard J. Flynn, Terence M. Hynes and Thomas H. Yancey, Washington, D.C., were on the brief for amicus curiae urging reversal.

Before TAMM and WILKEY, Circuit Judges, and McNICHOLS, Senior District Judge, United States District Court for the District of Idaho.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Most of the iron ore used in the "Steel Belt" of Pennsylvania, West Virginia, Ohio, and Kentucky comes from mines in the northwestern Great Lakes region and eastern Canada. This ore reaches its destination after a three stage journey: by rail carrier to the Great Lakes, across the Great Lakes by freighters, and by rail carriers to the mills...

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