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UNITED STATES v. AUTO DRIVEAWAY COMPANY

No. 71-1237.

464 F.2d 1380 (1972)

UNITED STATES of America, Petitioner-Appellee, v. AUTO DRIVEAWAY COMPANY, a Corporation, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 1972.

Attorney(s) appearing for the Case

James C. Hardman, Hardman, Kerwin & Towle, Chicago, Ill., for respondent-appellant.

James R. Thompson, U. S. Atty., Chicago, Ill., Morton Hollander, Raymond D. Battocchi, Attys., L. Patrick Gray, III, Asst. Atty. Gen., William J. Bauer, U. S. Atty., Dept. of Justice, Washington, D. C., for petitioner-appellee; Bernard A. Gould, Robert S. Turkington, Walter J. Alprin, I. C. C., of counsel.

Before KNOCH, Senior Circuit Judge, and KILEY and STEVENS, Circuit Judges.

KILEY, Circuit Judge.

This is a mandamus action brought by the government under 49 U.S.C. § 20(9)1 to restrain respondent-appellant (Company) from limiting in its tariff its liability for damages as a common carrier under 49 U.S.C. § 20(11).2 The district court decided that both the original and modified tariffs violated § 20(11) and 49 U.S.C. § 316(d), but that because the Company informed...

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