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CITY OF NEW ORLEANS v. SOUTHERN SCRAP MATERIAL

Nos. 82-3759, 82-4328.

704 F.2d 755 (1983)

CITY OF NEW ORLEANS by and Through the PUBLIC BELT RAILROAD COMMISSION OF the CITY OF NEW ORLEANS, Plaintiff-Appellee, v. SOUTHERN SCRAP MATERIAL CO., LTD., Defendant-Appellant. SOUTHERN SCRAP MATERIAL CO., LTD., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

April 26, 1983.

Attorney(s) appearing for the Case

Beard, Blue, Schmitt, Mathes, Koch & Williams, New Orleans, La., for defendant-appellant in No. 82-3759.

A.J. Schmitt, Jr., New Orleans, La., for defendant-appellant and petitioner.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for plaintiff-appellee in No. 82-3759.

Raymond J. Salassi and Edward H. Bergin, New Orleans, La., for plaintiff-appellee in No. 82-3759 and intervenor.

C.T. Williams, Jr., New Orleans, for petitioner in No. 82-4328.

Dennis J. Starks, Atty., John J. Powers, III, George Edelstein, U.S. Dept. of Justice, Washington, D.C., for respondents in No. 82-4328.

Berner, Liipfert, Bernhard, McPherson, L. John Osborn, Washington, D.C., for intervenors City of New Orleans by and through the Public Belt Rail Road.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The combined effect of the limited nature of our jurisdiction and Congress' delegation to district courts of exclusive jurisdiction to review certain agency decisions exacts scrupulous care from counsel seeking review of federal agency actions. An aggrieved party must take care not only to file its review petition within the proper time; it must also make sure its petition is filed in the proper court.

Southern Scrap, a consignee...

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