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GENERAL MILLS, INC. v. UNITED STATES

No. 4-72 Civ. 164.

364 F.Supp. 1278 (1973)

GENERAL MILLS, INC., et al., Plaintiffs, New Orleans Traffic and Transportation Bureau et al., Intervening Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, The Atchison, Topeka and Santa Fe Railway Company, et al., Intervening Defendants.

United States District Court, D. Minnesota, Fourth Division.

June 12, 1973.

Attorney(s) appearing for the Case

Elmer H. Atchley, and James Scoggin, Minneapolis, Minn., for plaintiffs.

John F. Donelan, John M. Cleary, and Frederic L. Wood, Washington, D.C., Louis A. Schwartz and Laurence F. Daspit, New Orleans, La., and Harold E. Spencer, Chicago, Ill., for plaintiffs-intervenors.

John H. D. Wigger, Dept. of Justice, Washington, D.C., Robert G. Renner, Minneapolis, Minn., Fritz R. Kahn and Raymond M. Zimmet, Interstate Commerce Commission, Washington, D.C., for defendants.

Curtis H. Berg, St. Paul, Minn., William Moloney and Hollis Duensing, Washington, D.C., J. R. Davis, Richmond, Va., James L. Howe, III, Washington, D. C., Harvey Huston, Rodger K. Johnson, Chicago, Ill., Richard Kienle, Roanoke, Va., Richard Murphy, Philadelphia, Pa., and John Paylor, Baltimore, Md., for defendants-intervenors.

Before HEANEY, Circuit Judge, DEVITT, Chief District Judge, and LORD, District Judge.

MILES W. LORD, District Judge.

In this action, plaintiffs seek to set aside in part an Order of the Interstate Commerce Commission approving increases in demurrage charges as proposed by the nation's railroads for the undue detention of freight cars being loaded or unloaded by shippers or consignees (hereafter shippers). In the proceedings entitled Demurrage Rules and Charges, Nationwide, 340 I.C.C. 83, decided October 5, 1971, the Commission found the proposed increased...

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