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  5. 312 F.Supp. 972 (1970)
 

CINCINNATI, N. O. & T. P. RY. CO. v. CHESAPEAKE & O. RY. CO.

Civ. A. Nos. 137-69-A to 139-69-A.

312 F.Supp. 972 (1970)

The CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY, Plaintiff, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant. The CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY, Plaintiff, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant. The CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY, Plaintiff, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant.

United States District Court, E. D. Virginia, Alexandria Division.

May 12, 1970.

Attorney(s) appearing for the Case

Boothe, Dudley, Koontz, Blankingship & Stump by Fred C. Alexander, Jr., Alexandria, Va., of counsel, for H. Merrill Pasco, Richmond, Va., and Duncan B. Phillips, Washington, D. C., for plaintiff.

Plato Cacheris, Alexandria, Va., of counsel for Steptoe & Johnson, by Laidler B. Mackall, Washington, D. C., for defendants Chesapeake & Ohio Railway and Chesapeake & Ohio Railroad.

Howard W. Smith, Jr., Alexandria, Va., for defendant Penn Central.

MEMORANDUM OPINION

OREN R. LEWIS, District Judge.

The question here is whether the plaintiff's published tariff or the pre-existing agreement between the involved railroads governs the charge for "no bill" cars at the Cincinnati interchange.

The plaintiff, The Cincinnati, New Orleans & Texas Pacific Railway Company, a subsidiary of the Southern Railway System, operates the interchange facility in...

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