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FLORIDA PUBLIC SERVICE COM'N v. I.C.C.

No. 83-3268.

724 F.2d 1460 (1984)

FLORIDA PUBLIC SERVICE COMMISSION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Eleventh Circuit.

Certiorari Denied March 26, 1984.

Attorney(s) appearing for the Case

William S. Bilenky, Fla. Public Service Com'n, Tallahassee, Fla., for petitioner.

Sidney Strickland, ICC, Washington, D.C., John J. Powers, III, John P. Fonte, U.S. Dept. of Justice, Washington, D.C., for respondents.

Neill W. McArthur, Jr., Asst. Gen. Sol., Seaboard System R.R., Jacksonville, Fla., for Florida R.R.

Martha W. Barnett, Tallahassee, Fla., for Florida Phosphate Council.

Before GODBOLD, Chief Judge, TJOFLAT and HENDERSON, Circuit Judges.

Certiorari Denied March 26, 1984. See 104 S.Ct. 1686.

BY THE COURT:

This case involves the Staggers Rail Act of 1980, Pub.L. No. 96-448, 94 Stat. 1895 (codified primarily in scattered sections of 49 U.S.C.). Section 214 of the Act, codified at 49 U.S.C. § 11501 (Supp. V 1981) provides in pertinent part:

§ 11501. Interstate Commerce Commission authority over intrastate transportation (a) The Interstate Commerce Commission shall...

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