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SEA-LAND SERVICE, INC. v. I.C.C.

No. 82-1136.

697 F.2d 1166 (1983)

SEA-LAND SERVICE, INC. and Sea-Land Freight Service, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1983.

Attorney(s) appearing for the Case

David G. Macdonald, Washington, D.C., with whom John T. Downing, Washington, D.C., was on the brief, for petitioners. Harry J. Jordan, Washington, D.C., also entered an appearance for petitioners.

H. Glenn Scammel, Atty., I.C.C., Washington, D.C., with whom Robert S. Burk, Deputy Gen. Counsel, and Kathleen M. Dollar, Associate Gen. Counsel, I.C.C., Washington, D.C., were on the brief, for respondent, I.C.C.

Robert J. Wiggers, Atty., Dept. of Justice, Washington, D.C., for respondent, U.S. John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for U.S.

Before ROBINSON, Chief Judge, WILKEY, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Opinion PER CURIAM.

PER CURIAM:

We are asked to review an ICC decision accepting certain contract rates filed with the Commission by the Alaska Railroad (ARR), a federally owned and operated rail system under the authority of the Secretary of Transportation. We decline to do so at this time. Executive Order 11107 (1963), which calls for ARR rates to be filed with and reviewed by the Commission, is so ambiguous that...

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