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ARKANSAS POWER & LIGHT CO. v. I.C.C.

No. 87-4504.

831 F.2d 569 (1987)

ARKANSAS POWER & LIGHT COMPANY, System Fuels, Inc., Burlington Northern Railroad Company and Missouri Pacific Railroad Co., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

November 10, 1987.

Attorney(s) appearing for the Case

J. Raymond Clark, St. Simons Island, Ga., Steve L. Riggs, House, Wallace & Jewell, Little Rock, Ark., Howard E. Sinor, Jr., Jones, Walker, Waechter, Poietevant, Carrere & Denegre, New Orleans, La., for petitioners.

Samuel M. Sipe, Jr., Washington, D.C., for Burlington Northern R. Co.

Ronald S. Flagg, Robert B. Batchelder, Louise R. Rinn, Washington, D.C., for Missouri Pacific R. Co.

John J. Powers, III, John P. Fonte, Attys., Dept. of Justice, Antitrust Div., Washington, D.C., for U.S.

Robert S. Burk, Gen. Counsel, Timm L. Abendroth, I.C.C., Washington, D.C., for I.C.C.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Interstate Commerce Commission and two intervening railroads have moved to dismiss this agency review proceeding for lack of jurisdiction, urging that the district court has initial jurisdiction because the Commission has ordered the payment of money. For the reasons that follow, we grant the motion to dismiss.

I

In the consolidated proceeding below, the ICC ruled on three cases brought by a shipper, Arkansas...

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