BALTIMORE & O. R. CO. v. ALABAMA GREAT SOUTHERN R. CO.

No. 73-1017.

506 F.2d 1265 (1974)

The BALTIMORE AND OHIO RAILROAD COMPANY et al., Appellants, v. The ALABAMA GREAT SOUTHERN RAILROAD COMPANY et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1974.


Attorney(s) appearing for the Case

Harry G. Silleck, Jr., New York City, with whom John L. Altieri, Jr., New York City, was on the brief, for appellants. Robert H. Huey, New York City, also entered an appearance for appellants.

Howard J. Trienens, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Richard J. Flynn, Chicago, Ill., was on the brief, for appellees, Southern Railroads.

Carl E. Sanders, Augusta, Ga., of the bar of the Supreme Court of Georgia, pro hac vice, by special leave of court, with whom Jay W. Freedman, Washington, D. C., was on the brief, for intervenors.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

This case concerns intricacies of the Interstate Commerce Act and the relationship of the Act to the common law and judicial equitable discretion. The precise question is whether this court should order a retroactive readjustment of divisions of agreed joint rates. We agree, although for somewhat different reasons, with the District Judge that this question should be answered in the negative.

I. THE NORTH-SOUTH DISPUTE

At issue...

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