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TEXAS MEXICAN RY. CO. v. UNITED STATES

No. 77-1485.

564 F.2d 698 (1977)

TEXAS MEXICAN RAILWAY COMPANY, Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

December 9, 1977.

Attorney(s) appearing for the Case

Hugh L. McCulley, Houston, Tex., for petitioner and for Akron, Canton & Youngstown Railroad Co., et al. as intervenors.

John H. Shenefield, Acting Asst. Atty. Gen., Barry Grossman, Chief, App. Sec., Edward E. Lawson, Jr., Atty., Mark Evans, ICC, Gen. Counsel, Henri F. Rush, Assoc. Gen. Counsel, U. S. Dept. of Justice, Alan J. Thiemann, Atty., ICC, Washington, D. C., for respondents.

E. Stephen Heisley, Washington, D. C., for intervenor Enterprise Products Co. & Enterprise Int'l, Inc.

Before THORNBERRY, GOLDBERG and CLARK, Circuit Judges.

PER CURIAM:

This petition seeks to review the order of the Interstate Commerce Commission requiring a reduction in the rate governing the movement of a single commodity by a single shipper and consequent reparations. The opinion prepared by the administrative law judge, which was adopted by the Commission, stated in part:

This rate can be characterized as unjust and unreasonable when the contribution to revenues is compared to the costs on the movement or...

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