FANNIN COUNTY, GA. v. U.S.

Nos. 88-8076, 88-8234.

856 F.2d 120 (1988)

FANNIN COUNTY, GEORGIA, Gilmer County, Georgia, Blue Ridge Concrete and Supplies, Inc., and Southeastern Stone Wholesalers, Inc., d/b/a Zyrian Stone, Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, CSX Transportation, Inc., Intervenor.

United States Court of Appeals, Eleventh Circuit.

September 9, 1988.


Attorney(s) appearing for the Case

John P. Tucker, Jr., Atlanta, Ga., Oliver Harris Doss, Jr., Blue Ridge, Ga., for petitioners.

Robert S. Burk, I.C.C., Robert J. Grady, Washington, D.C., for I.C.C.

Edwin Meese, U.S. Atty. Gen., Dept. of Justice, J. Carol Williams, Dept. of Justice, Lands Div., Appellate Section, Washington, D.C., for U.S.

Patricia Vail, Legal Dept., CSX Transp., Inc., Charles M. Rosenberger, Jacksonville, Fla., Lawrence H. Richmond, CSX Transp., Inc., Baltimore, Md., for CSX Transp.

Before HILL and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.


TUTTLE, Senior Circuit Judge:

This is a petition for review by the named petitioners seeking a review and vacation of a decision by the Interstate Commerce Commission, served January 8, 1988 which the Commission concedes is a final order, and of a decision served February 9, 1988, which the Commission contends is not reviewable because it is not a final decision by the Commission.1

The decisions complained of deal with an effort...

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