WESTERN FUELS-ILLINOIS, INC. v. I.C.C.

No. 88-2505.

878 F.2d 1025 (1989)

WESTERN FUELS-ILLINOIS, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1989.

As Amended July 14, 1989.


Attorney(s) appearing for the Case

Paul M. Donovan, Laroe, Winn, Moerman & Donovan, Washington, D.C., for Western Fuels-Illinois, Inc.

Paul M. Donovan, Gerald L. Richman, Maureen Quinn, LaRoe, Winn, Moerman & Donovan, Washington, D.C., for Western Fuels Ass'n, Inc., Western Fuels-Utah, Inc., Western Fuels Service Corp.

Anton R. Valukas, U.S. Atty., Chicago, Ill., Robert S. Burk, I.C.C., Washington, D.C., William Iedmond, I.C.C., Chicago, Ill., Richard L. Thornburg, U.S. Atty. Gen., G. Paul Moates, David M. Levy, Sidley & Austin, Kenneth P. Kolson, Frederick L. Wood, Nicholas J. DiMichael, Donelan, Cleary, Wood & Maser, Robert F. Stauffer, Nat. Coal Ass'n, Edward H. Comer, Edison Elec. Institute, and Virginia Strasser, I.C.C., Washington, D.C., for I.C.C.

Anton R. Valukas, U.S. Atty., Robert S. Burk, William Iedmond, Richard L. Thornburg, U.S. Atty. Gen., John J. Powers, III, John P. Fonte, Dept. of Justice, Appellate Section, Antitrust Div., Washington, D.C., for U.S.

Kenneth P. Kolson, J. Thomas Tidd, Washington, D.C., for Association of American Railroads.

Frederic L. Wood, Donelan Cleary Wood & Maser, Washington, D.C., for National Industrial Transp. League, Intervenor.

Before BAUER, Chief Judge, WOOD, Jr., Circuit Judge, and WILL, Senior District Judge.


WILL, Senior District Judge.

This is a petition to review an Interstate Commerce Commission ("ICC") denial of petitioner's request for a rulemaking procedure to establish mandatory procedures for revealing price terms in long-term coal transportation contracts. We deny the petition.

I. Background

Western Fuels Association, Inc. is a non-profit fuel supply cooperative which, along with its subsidiaries, helps its member-owners to obtain delivery...

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