BAKER v. UNITED STATES

Civ. A. No. 71-154.

338 F.Supp. 331 (1972)

George P. BAKER et al. v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court, E. D. Pennsylvania.

February 16, 1972.


Attorney(s) appearing for the Case

J. T. Clark, Cleveland, Ohio, John A. Daily, New York City, Paul R. Duke, James E. Frick, Philadelphia, Pa., Rene J. Gunning, Baltimore, Md., Richard W. Kienle, Norfolk & Western Railway Co., Roanoke, Va., Charles N. Marshall, Baltimore, Md., Charles W. Mulcahy, Jr., Boston, Mass., for plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Louis C. Bechtle, U. S. Atty., Henry J. Horstmann, Asst. U. S. Atty., Philadelphia, Pa., for the United States.

Fritz R. Kahn, Gen. Counsel, Geraldine R. Keyes, Atty., I.C.C., Washington, D. C., for the I.C.C.

Before ADAMS, Circuit Judge, and VAN ARTSDALEN and GORBEY, District Judges.


OPINION

GORBEY, District Judge.

Plaintiffs, a number of railroads servicing the Northeastern part of the United States, ask us to deny enforcement of certain orders entered by the Interstate Commerce Commission (Commission) in Increased Waterborne Charge, North Atlantic, Pacific and Canadian Ports. 337 I.C.C. 534 (1970).1 Specifically, the Commission found that a proposed increase, as set out in tariff schedules published by...

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