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WESTINGHOUSE ELECTRIC CORPORATION v. UNITED STATES

Civ. A. No. 73-432.

388 F.Supp. 1309 (1975)

WESTINGHOUSE ELECTRIC CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and The Baltimore and Ohio Railroad Company, et al., Intervening Defendants.

United States District Court, W. D. Pennsylvania.

February 4, 1975.

Attorney(s) appearing for the Case

Stephen T. Wardzinski, Westinghouse Electric Corp., Henry M. Wick, Jr., Pittsburgh, Pa., for plaintiff.

Richard L. Thornburgh, U. S. Atty., Charles White, I. C. C., Peter A. Fitzpatrick, Interstate Commerce Commission, Washington, D. C., for defendants.

John J. Paylor, Baltimore, Md., George J. Schwarz, New York City, Wallace D. Stewart, Pittsburgh, Pa., for intervening defendants.

OPINION

DUMBAULD, District Judge.

This case involves an interesting aspect of the time-honored principle that the rates charged by common carriers for the transportation of freight must be just and reasonable. At common law a shipper might sue the carrier to recover the excessive charges. Texas & Pacific Ry. Co. v. Abilene Cotton Oil Co., 204 U.S. 426, 436, 27 S.Ct. 350, 51...

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