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UNITED STATES v. FLORIDA EAST COAST R. CO.

No. 70-279.

410 U.S. 224 (1973)

UNITED STATES ET AL. v. FLORIDA EAST COAST RAILWAY CO. ET AL.

Supreme Court of United States.

Decided January 22, 1973.

Attorney(s) appearing for the Case

Samuel Huntington argued the cause for the United States et al. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Kauper, Fritz R. Kahn, and Leonard S. Goodman.

A. Alvis Layne argued the cause for appellee Florida East Coast Railway Co. With him on the brief was Walter G. Arnold. Richard A. Hollander argued the cause and filed a brief for appellee Seaboard Coast Line Railroad Co.

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Appellees, two railroad companies, brought this action in the District Court for the Middle District of Florida to set aside the incentive per diem rates established by appellant Interstate Commerce Commission in a rulemaking proceeding. Incentive Per Diem Charges—1968, Ex parte No. 252 (Sub-No. 1), 337 I. C. C. 217 (1970). They challenged the order of the Commission on both substantive...

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