No. 87-1486.

857 F.2d 802 (1988)

LO SHIPPERS ACTION COMMITTEE, Petitioner, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Respondents, U.S. Clay Producers Traffic Association, Inc., Association of American Railroads, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 23, 1988.

Attorney(s) appearing for the Case

Harold E. Spencer, with whom Stephen C. Herman, Chicago, Ill., was on the brief, for petitioner.

Louis Mackall V, Attorney, I.C.C., with whom Robert S. Burk, Gen. Counsel, and Henri F. Rush, Deputy Gen. Counsel, I.C.C., and John J. Powers, III and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

J. Michael Hemmer, with whom Paul R. Duke, Robert D. Fram, Elizabeth V. Foote, John B. Norton, J. Thomas Tidd, Washington, D.C., John S. Walker, Denver, Colo., Dennis W. Wilson, William R. Power, Robert T. Opal, Chicago, Ill., Emried D. Cole, Jr., Paul R. Hitchcock, Paul A. Cunningham, Richard B. Herzog, Robert G. Shepherd, Jr., Washington, D.C., Michael Roper, Louis P. Warchot, San Francisco, Cal., and Mark A. Kalafut, Omaha, Neb., were on the joint brief, for intervenors The Association of American Railroads, et al. J. Stephen Lawrence, Jr., Washington, D.C., also entered an appearance for intervenors, Ass'n of American Railroads, et al.

Henry M. Wick, Jr., Pittsburgh, Pa., was on the brief for intervenor U.S. Clay Producers Traffic Ass'n, Inc.

Mark L. Evans and James P. Tuite, Washington, D.C., entered appearances for amicus curiae, BRAE Corp. and Itel Rail Corp.

Before MIKVA and SENTELLE, Circuit Judges, and PALMIERI, Senior District Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

LO Shippers Action Committee ("LOSAC") brought a complaint before the Interstate Commerce Commission ("ICC" or "the Commission") against several railroads alleging that the allowances provided to LOSAC's shipper/members for the use of their own railroad cars were inadequate as a matter of law and seeking the establishment of Commission-ordered allowance structures. The ICC dismissed...

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