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SOUTHERN RY. CO. v. I. C. C.

No. 76-1703.

553 F.2d 1345 (1977)

SOUTHERN RAILWAY COMPANY, Appellant, v. INTERSTATE COMMERCE COMMISSION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 1977.

Attorney(s) appearing for the Case

David E. McGiffert, Washington, D.C., with whom James H. McGlothlin and David A. Levitt, Washington, D.C., were on the brief, for appellant.

Raymond Michael Ripple, Atty., I.C.C., Washington, D.C., for appellee.

Before DANAHER, Senior Circuit Judge, McGOWAN and TAMM, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge DANAHER.

Opinion filed by Circuit Judge McGOWAN, concurring in part and dissenting in part.

DANAHER, Senior Circuit Judge:

Southern Railway Company, herein, Southern, is a common carrier by railroad subject to regulation under the Act 49 U.S.C. §§ 1, et seq., by the Interstate Commerce Commission, herein ICC or sometimes, the Commission. Section 20(5) of the Act authorizes ICC,

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