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

Nos. 14997-14999.

441 F.2d 483 (1971)

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

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1971.

Attorney(s) appearing for the Case

H. Merrill and Pasco, Richmond, Va. (Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., James L. Tapley and Peter S. Craig, Washington, D. C., on brief) for appellant.

Albert W. Laisy, Baltimore, Md. (Howard W. Smith, Jr., Alexandria, Va., on brief) for appellees.

Before SOBELOFF, BRYAN, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

This case raises questions about the effects of published tariffs on previously existing private agreements among railroads. The district court held that where the public is not directly affected, preexisting agreements prevail over tariffs, and that the charges due under the tariffs are not collectible. Cincinnati, N. O. & T. P. Ry. v. Chesapeake & O. Ry., 312 F.Supp. 972 (E.D.Va.1970). We reverse...

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