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

Nos. 84-7349, 84-7358.

765 F.2d 1516 (1985)

ALABAMA PUBLIC SERVICE COMMISSION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. The CITY OF TUSCALOOSA, ALABAMA, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied August 27, 1985.

Attorney(s) appearing for the Case

Stanley W. Foy, Montgomery, Ala., for Alabama Public Service Com'n.

Louis Mackall, Office of the Gen. Counsel, ICC, Washington, D.C., for I.C.C.

John J. Powers, III, George Edelstein, Dept. of Justice, Washington, D.C., for the U.S.

John W. Adams, Jr., Mobile, Ala., for Illinois Central Gulf R.R.

Rutherford Lyle Key, Jr., Jacksonville, Fla., for Seaboard System R.R., Inc.

Nancy S. Fleischman, Washington, D.C., for Central of Georgia & Southern Ry.

J.D. Fleming, Jr., John W. Bonds, Jr., Atlanta, Ga., for Union Camp Corp.

William P. Jackson, Jr., Jackson & Jessup, P.C., Arlington, Va., for The City of Tuscaloosa, Ala., et al.

Before KRAVITCH and HATCHETT, Circuit Judges, and WRIGHT, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 27, 1985.

HATCHETT, Circuit Judge:

In this appeal, we review the Interstate Commerce Commission's decision that approval of a finance application, involving several railroads, which included acquisitions and abandonments, would not cause a substantial lessening of competition, a monopoly, or a restraint of trade. We affirm.

FACTS

In July, 1982, five railroads reached agreement on a series of acquisitions...

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