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WATER TRANSPORT ASS'N v. I.C.C.

Nos. 1114, 1342, Dockets 82-4182, 83-4024.

722 F.2d 1025 (1983)

WATER TRANSPORT ASSOCIATION, Petitioner-Appellant, and Sea-Land Service, Ltd., New Orleans Traffic and Transportation Bureau, Inc., Greater Baton Rouge Port Commission, Houston Port Bureau, Inc., Grain Transportation Consultants of the Pacific Northwest, Traffic Board of the North Atlantic Ports Association, Intervenors-Appellants, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents-Appellees, Association of American Railroads, Intervenor. NATIONAL GRAIN AND FEED ASSOCIATION, the Buckeye Feed and Supply, Inc., Bunge Corporation, Cargill, Incorporated, Collingwood Grain, Inc., Demeter, Inc., Louis Dreyfus Corporation, the Pillsbury Company, Union Equity Cooperative Exchange, Petitioners, v. UNITED STATES of America, and Interstate Commerce Commission, Respondents, Association of American Railroads, Intervenor.

United States Court of Appeals, Second Circuit.

Decided November 15, 1983.

Attorney(s) appearing for the Case

Paul M. Donovan, La Roe, Winn & Moerman, Washington, D.C., for petitioner-appellant Water Transport Ass'n.

George W. Selby, Jr., Macdonald, McInerny, Guandolo, Jordan & Crampton, Washington, D.C., for intervenor-appellant Sea-Land Service, Inc.

John Broadley, Gen. Counsel, I.C.C., Ellen D. Hanson, H. Glenn Scammel, Washington, D.C., for respondent I.C.C.

William F. Baxter, Asst. Atty. Gen., Dept. of Justice, John J. Powers, III, Robert J. Wiggers, Washington, D.C., for respondent U.S.

Paul A. Cunningham, Washington, D.C., Thomas E. Zemaitis, Philadelphia, Pa., for intervenor Ass'n of American Railroads.

Andrew P. Goldstein, Washington, D.C., for petitioners Nat. Grain and Feed Ass'n, et al.

Before FEINBERG, Chief Judge, and LUMBARD and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This consolidated proceeding involves two petitions for review of rules promulgated by the Interstate Commerce Commission ("ICC" or "Commission"), Ex Parte No. 387, Rail Transportation Contracts, 367 I.C.C. 9 (1982). The rules concern the filing of rail transportation contracts with the ICC under Section 208 of the Staggers Rail Act of 1980 ("Staggers Act" or "Act"), 49 U.S.C. § 10713 (Supp. IV 1980). The first petition claims...

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