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KOPPERS COMPANY, INC. v. UNITED STATES

Civ. 16395.

166 F.Supp. 96 (1958)

KOPPERS COMPANY, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Property Owners' Committee, The Interstate Commerce Commission, The Chesapeake and Ohio Railway Company, Norfolk and Western Railway Company, and the Virginia Railway Company, Intervening Defendants.

United States District Court W. D. Pennsylvania.

September 24, 1958.

Attorney(s) appearing for the Case

John M. Crimmins, and Richard E. Spatz, Pittsburgh, Pa., for plaintiff.

John H. D. Wigger, U. S. Dept. of Justice, Washington, D. C., Hubert I. Teitelbaum, U. S. Atty., Thomas J. Shannon, Asst. U. S. Atty., Pittsburgh, Pa., for the United States.

I. K. Hay, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Hewitt Biaett, and Robert H. Pratt, Richmond, Va., R. B. Claytor, and J. S. Shannon, Roanoke, Va., Martin A. Meyer, Jr., Washington, D. C., for intervening defendant, Chesapeake & Ohio Ry. Co., and others.

Rose, Rose & Houston, Pittsburgh, Pa., Homer S. Carpenter, Washington, D. C., for intervening defendant, Property Owners' Committee.

Before STALEY, Circuit Judge, GOURLEY, Chief Judge, and SORG, District Judge.

GOURLEY, Chief Judge.

The statutory court has for determination the legality of varying proportional railroad rates which poses the question —Do proportional railroad rates violate the provisions of Sections 2 and 3(1) of the Interstate Commerce Act where the rail rates for transporting like commodities between identical points vary depending upon the ultimate destinations?1

The Interstate Commerce Commission answered in...

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