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ABERDEEN AND ROCKFISH R. CO. v. UNITED STATES

No. 81-4443.

664 F.2d 41 (1981)

ABERDEEN AND ROCKFISH RAILROAD COMPANY, et al., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

November 30, 1981.

Attorney(s) appearing for the Case

Lawrence A. Miller, Washington, D.C., Charles E. Suffling, New Orleans, La., for petitioner.

Charles Gerkin, Carl E. Sanders, John R. Molm, Atlanta, Ga., for SE Assoc. of Regulatory Utility & Sou. Governors' Assn.

Alan M. Weiss, Washington, D.C., for Long Island RR.

George Carl Pezold, Huntington, N.Y., for Frt. Users.

Craig M. Keats, Atty., ICC, Washington, D.C., for respondents.

Olga Boikess, Washington, D.C., for Long Island.

Before AINSWORTH, REAVLEY and RANDALL, Circuit Judges.

BY THE COURT:

The petitioners, various Southern and Western railroads ("Southern and Western Railroads" or "Railroads"), have asked this court to review decisions of the Interstate Commerce Commission ("ICC" or "Commission") declining to reject or suspend a surcharge tariff filed by the Long Island Rail Road Company ("LIRR" or "Long Island"). We granted an emergency stay in order to study whether we had jurisdiction to review the decisions of the ICC. We now conclude...

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