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ALUMINUM CO. OF AMERICA v. I.C.C.

Nos. 83-1730 to 83-1732.

761 F.2d 746 (1985)

ALUMINUM COMPANY OF AMERICA, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Akron, Canton & Youngstown Railroad Co., et al., Intervenors. The ALUMINUM ASSOCIATION, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Akron, Canton & Youngstown Railroad Co., et al., Intervenors. REYNOLDS METALS COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Akron, Canton & Youngstown Railroad Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1985.

Attorney(s) appearing for the Case

Barry Roberts, Washington, D.C., with whom Dickson R. Loos, Washington, D.C., was on brief, for petitioners. David H. Baker, Washington, D.C., also entered an appearance for petitioners.

Cecelia E. Higgins, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., John J. Powers, III and George Edelstein, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

William R. Power, Chicago, Ill., for intervenors.

Before EDWARDS and SCALIA, Circuit Judges, and SWYGERT, Senior Circuit Judge of the United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge.

This case involves the Interstate Commerce Commission's dismissal of a shippers' complaint against certain rail rates, without considering whether the rates were just and reasonable, on grounds that the shippers had failed to establish the carriers' market dominance over the transportation in question. Two shippers, The Aluminum Company of America and Reynolds Metals Co., and the Aluminum...

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