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CHESAPEAKE AND OHIO RAILWAY CO. v. UNITED STATES

Civ. A. No. 74-0370-R.

392 F.Supp. 358 (1975)

The CHESAPEAKE AND OHIO RAILWAY COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, E. D. Virginia, Richmond Division.

Decided April 22, 1975.

Attorney(s) appearing for the Case

Owen Clarke, Ilene Chase Gregg, Doyle S. Morris, Charles C. Rettberg, Jr., Cleveland, Ohio, George D. Gibson, E. Milton Farley, III, T. S. Ellis, III, Richard D. Gary, Hunton, Williams, Gay & Gibson, Richmond, Va., for plaintiffs.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty. Dept. of Justice, David Hopkins, U. S. Atty., E. D. Va., David G. Lowe, Asst. U. S. Atty., for the United States.

Fritz R. Kahn, Gen. Counsel, Hanford O'Hara, Atty., I. C. C., for the I. C. C.

Before BUTZNER, Circuit Judge, and MERHIGE and WARRINER, District Judges.

BUTZNER, Circuit Judge:

In this petition for review of a series of orders of the Interstate Commerce Commission in Ex Parte No. 305, Nationwide Increase of Ten Percent in Freight Rates and Charges, 1974, the Chessie system lines challenge the power of the Commission to condition the refiling of a rate increase, without investigation or suspension, on the expenditure of revenue derived from the increase in the manner directed by the Commission.1<...

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