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ALUMINUM CO. OF AMERICA v. U.S.

No. 88-1241.

867 F.2d 1448 (1989)

ALUMINUM COMPANY OF AMERICA, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, The Atchison, Topeka and Santa Fe Railway Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1989.

Attorney(s) appearing for the Case

Dickson R. Loos, with whom David H. Baker, Washington, D.C., was on the brief, for petitioner.

Judith A. Albert, Attorney, I.C.C., with whom John J. Powers, III, John P. Fonte, Attorneys, Dept. of Justice, Robert S. Burk, General Counsel, I.C.C., Washington, D.C., and Craig M. Keats, Deputy Associate General Counsel, I.C.C., were on the joint brief, for respondents.

Richard E. Weicher, Guy Vitello, Chicago, Ill., Louis P. Warchot, San Francisco, Cal., and Joseph Anthofer were on the brief, for intervenors. Robert B. Batchelder, Omaha, Neb., also entered an appearance for intervenors.

Before SILBERMAN, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In 1981 the Interstate Commerce Commission ordered railroads to reduce the rates charged to shippers of nonferrous recyclable materials,1 pursuant to § 204 of the Staggers Rail Act of 1980, 49 U.S.C. § 10731(e) (1982). For some reason that remains obscure, the railroads never implemented the reductions on recyclables...

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