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FARMERS EXPORT CO. v. U.S.

No. 83-2306.

758 F.2d 733 (1985)

FARMERS EXPORT COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Atchison, Topeka and Santa Fe Railway Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 1985.

As Amended April 5, 1985.

Attorney(s) appearing for the Case

Richard S.M. Emrich, Chicago, Ill., for petitioner.

Charles Alan Stark, Atty. I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., John Broadley, Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., John J. Powers, III and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Guy Vitello, Chicago, Ill., with whom Richard E. Weicher, Chicago, Ill., and Michael E. Roper, Dallas, Tex., were on the brief, for intervenors Atchison, Topeka and Santa Fe Railway Co., et al., Robert B. Batchelder, Omaha, Neb., also entered an appearance for intervenors.

Before BORK and SCALIA, Circuit Judges, and GASCH, District Judge.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Petitioner, Farmers Export Company ("FEC"), appeals from the refusal of the Interstate Commerce Commission ("ICC") to reopen and reconsider two decisions. The first, dated April 3, 1981, is said by FEC to contain a material error that mistakenly limited the number of railroad cars for which demurrage refunds could be recovered by FEC from five...

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