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GENERAL MOTORS CORPORATION v. UNITED STATES

No. 15190.

324 F.2d 604 (1963)

GENERAL MOTORS CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America and Interstate Commerce Commission, Defendants-Appellees, and New York Central Railroad Co. et al., Intervening Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

November 20, 1963.

Attorney(s) appearing for the Case

Walter R. Frizzell, Detroit, Mich. (Aloysius Power, Detroit, Mich., on the brief; E. J. McGratty, Jr., Detroit, Mich., of counsel), for General Motors Corp.

Arthur J. Cerra (for I.C.C.), Washington, D. C. (Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for United States and Interstate Commerce Commission.

J. Edgar McDonald, New York City, for New York Cent. R. Co.

Before O'SULLIVAN, Circuit Judge, and KALBFLEISCH and PECK, District Judges.

PER CURIAM.

In a proceeding before the Interstate Commerce Commission, Plaintiff-Appellant, General Motors Corporation, contended that the proper rail tariff to be applied to its shipments of "bumper back bars" and "stabilizer bars" should be that published for "forgings" instead of a higher tariff for "automobile parts." The Commission found against it. It appeals here from the District Court's dismissal of its complaint whereby it sought to have the order of the...

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