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NIAGARA FRONTIER TARIFF BUREAU, INC. v. U.S.

No. 931, Docket 86-4174.

826 F.2d 1186 (1987)

NIAGARA FRONTIER TARIFF BUREAU, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided August 20, 1987.

Attorney(s) appearing for the Case

Patrick McEligot, Washington, D.C. (Bryce Rea, Jr., Rea, Cross & Auchincloss, Washington, D.C., of counsel), for petitioner.

Laurence H. Schecker, Washington, D.C. (Robert S. Burk, General Counsel, Ellen D. Hanson, I.C.C., Washington, D.C., Charles F. Rule, Acting Asst. Atty. Gen., Robert B. Nicholson, John P. Fonte, Dept. of Justice, Washington, D.C., of counsel), for respondents.

Before KEARSE, MINER and MAHONEY, Circuit Judges.

MINER, Circuit Judge:

Petitioner Niagara Frontier Tariff Bureau, Inc. ("NFTB" or "Bureau") petitions for review of an order of the Interstate Commerce Commission ("ICC" or "Commission") rejecting a proposed tariff supplement. Approved by a collective vote of NFTB members, and included as part of a larger NFTB tariff to increase commodity rates, class rates, and minimum charges, the rejected tariff supplement provided for increases in terminal service charges.

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