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KOPPEL, INC. v. UNITED STATES

No. 78-1463.

612 F.2d 1264 (1979)

KOPPEL, INC., Petitioner, and Atchison, Topeka and Santa Fe Railway Company, Bunge Corporation and C-G-F Grain Company, Inc., Intervening Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, and Southern Pacific Transportation Company, Intervening Respondent.

United States Court of Appeals, Tenth Circuit.

Decided December 26, 1979.

Attorney(s) appearing for the Case

L. John Osborn, Washington, D.C. (Fritz R. Kahn, Andrew P. Goldstein, Washington, D.C., John Jordan, Wichita, Kan., Landon H. Rowland, Kansas City, Mo., Verner, Liipfert, Bernhard & McPherson, Washington, D.C., with him on the brief), for petitioner Koppel, Inc., and intervening petitioners Bunge Corp. and C-G-F Grain Co., Inc.

Leland E. Butler, San Francisco, Cal. (Frederick G. Pfrommer, San Francisco, Cal., with him on the brief), for intervening petitioner Atchison, T. & S.F. Ry. Co.

John MacDonald Smith, San Francisco, Cal. (Theodore Epstein, Jr. of Epstein, Lozow & Preblud, Denver, Colo., with him on the brief), for intervening respondent Southern Pac. Transp. Co.

H. Glenn Scammel, Atty., I. C. C., Washington, D.C. (Mark L. Evans, Gen. Counsel and Frederick W. Read, III, Associate Gen. Counsel, I. C. C., Washington, D.C., and John H. Shenefield, Asst. Atty. Gen., John J. Powers, III, Asst. Chief App. Section, Peter De La Cruz, Atty., Antitrust Division, Dept. of Justice, Washington, D.C., with him on the brief), for respondents United States of America and I. C. C.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Koppel, Inc., Bunge Corporation, and C-G-F Grain Company, Inc., petitioners-appellants, hereinafter collectively referred to as Shippers, appeal from a declaratory order of the Interstate Commerce Commission (ICC) finding and concluding that certain provisions of rate two tariffs are not applicable to transcontinental shipments of corn and grain sorghum from Nebraska origin points to destinations in California's Imperial Valley.

Shippers...

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