SECRETARY OF AGRICULTURE OF the UNITED STATES, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Western Railroads et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 17, 1977.
Decided March 11, 1977.
Attorney(s) appearing for the Case
Raymond W. Fullerton, Atty., U. S. Dept. of Agriculture, Washington, D.C., with whom James Michael Kelly, Asst. Gen. Counsel, John A. Harris, Asst. Gen. Counsel and Ronald W. Hill, Atty., U. S. Dept. of Agriculture, Washington, D.C., were on the brief, for petitioner.
Henri F. Rush, Atty., I.C.C., Washington, D.C., with whom Arthur J. Cerra, Gen. Counsel and Charles H. White Jr., Associate Gen. Counsel, I.C.C., Washington, D.C., were on the brief, for respondent, I.C.C., Carl D. Lawson and Catherine G. O'Sullivan, Attys. Dept. of Justice entered appearances for respondent, United States of America.
Christopher A. Mills, Chicago, Ill., with whom Edward K. Wheeler and Robert G. Seaks, Washington, D.C., were on the brief, for intervenors, Western Railroads.
Before BAZELON, Chief Judge, TAMM and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM.
By decision of January 21, 1975, the Interstate Commerce Commission determined that certain railroads had failed to demonstrate that separate charges for in-individual in-transit grain inspections were "just and reasonable" under 49 U.S.C. § 15(7). 349 I.C.C. 89.1 The tariffs were ordered cancelled within 60 days, id. at 100. At that time, no party had requested that a general refund order be issued and the Commission...
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