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ARTEMUS-JELLICO R. CO. v. RAILROAD COM'N EX REL. RIGSBY

511 S.W.2d 235 (1974)

ARTEMUS-JELLICO RAILROAD COMPANY et al., Appellants, v. RAILROAD COMMISSION OF KENTUCKY ex rel. C. L. RIGSBY, Chairman, Appellees.

Court of Appeals of Kentucky.

June 14, 1974.

Attorney(s) appearing for the Case

John Hopkins, Hazelrigg & Cox, Frankfort, John P. Smith, Jr., Louisville & Nashville Railroad, Louisville, James L. Howe, III, Southern Railway System, Washington, D. C., for appellants.

John B. Breckinridge, Atty. Gen., Frankfort, Chester L. Rigsby, Chairman, Railroad Commission of Kentucky, Louisville, Chat Chancellor, Chancellor, Darnell & Smith, Frankfort, Robert E. Webb, Wallace & Webb, Louisville, for appellees.

VANCE, Commissioner.

Increased tariff rates proposed by appellant rail carriers by means of Supplement 70 to Freight Tariff 388K and by Supplement 74 to Freight Tariff 388K to become effective August 22, 1968, were declared invalid by a judgment of the Franklin Circuit Court and a refund of the overcharge to shippers was directed. The railroads appeal.

In 1960 the Interstate Commerce Commission authorized a general interstate increase in rail-carrier rates...

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