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LONE STAR STEEL CO. v. UNITED STATES

No. 78-2154.

600 F.2d 492 (1979)

LONE STAR STEEL COMPANY, Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 28, 1979.

Attorney(s) appearing for the Case

Ralph W. Currie, Dallas, Tex., E. Stephen Heisley, Lester R. Gutman, Washington, D. C., for petitioner.

Robert L. Thompson, App. Section, Mark L. Evans, David Popowski, Gen. Counsel, I.C.C., Washington, D. C., for respondents.

Philip S. Brown, Associate Gen. Counsel, Kansas City Southern Lines, Robert K. Dreiling, Kansas City, Mo., Guy C. Lyman, Jr., New Orleans, La., Donal L. Turkal, St. Louis-San Francisco Railway Co., St. Louis, Mo., for Kansas City Sou., et al.

Before COLEMAN, GODBOLD and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 28, 1979.

GODBOLD, Circuit Judge:

Petitioner seeks review of the ICC's decision not to suspend and investigate certain rail freight tariffs under § 15(8)(a) of the Interstate Commerce Act, 49 U.S.C. § 15(8)(a) (1976).1 The Commission's decision not to investigate under § 15(8)(a) was based on its determination that the tariffs complained of became effective before...

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