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BALTIMORE & OHIO CHICAGO TERMINAL R. CO. v. UNITED STATES

Civ. A. No. 65 C 609.

279 F.Supp. 270 (1967)

The BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, the Baltimore and Ohio Railroad Company, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Indiana Harbor Belt Railroad Company, the New York Central Railroad Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Atchison, Topeka and Santa Fe et al., Intervening Defendants.

United States District Court N. D. Illinois, E. D.

February 20, 1967.

Attorney(s) appearing for the Case

Donald F. Turner, Asst. Atty. Gen., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, Nahum Litt, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

John H. Gobel, Joseph J. Nagle, Richard J. Murphy, Chicago, Ill., for plaintiffs.

John J. Schmidt, Richard J. Schreiber, William F. Cottrell, Don McDevitt, Chicago, Ill., Robert S. Davis, St. Louis, Mo., John H. Doeringer, Chicago, Ill., J. T. Clark, Cleveland, Ohio, Kemper A. Dobbins, Roanoke, Va., James F. Schouman, Detroit, Mich., C. Harold Peterson, Minneapolis, Minn., Nygren & Holloway, John N. Kern, Chicago, Ill., for intervening defendants in support of Interstate Commerce Commission.

Before KILEY, Circuit Judge, and HOFFMAN and LYNCH, District Judges.

Memorandum of Decision

LYNCH, District Judge.

This is a suit to set aside an order of the Interstate Commerce Commission which required the cancellation of certain tariff provisions1 which had been proposed by the plaintiffs in this action.

The plaintiffs Baltimore and Ohio Chicago Terminal and the Indiana Harbor Belt Railroad Company are switching or terminal carriers within...

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