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AKRON, CANTON & YOUNGSTOWN R. CO. v. UNITED STATES

No. 77-2228.

586 F.2d 29 (1978)

AKRON, CANTON & YOUNGSTOWN RAILROAD COMPANY, et al., Petitioners, and Union Pacific Railroad Company, Intervening Petitioners, v. UNITED STATES of America, and Interstate Commerce Commission, Respondents, and Southern Railway Company, Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Richard J. Schreiber, Burlington, Northern, Inc., Chicago, Ill., Fritz R. Kahn, Washington, D.C., for petitioners.

L. Marie Guillory, Washington, D.C., Richard H. Stokes, Long Island R.R. Co., Jamaica, N. Y., for respondents.

Before SPRECHER, TONE and WOOD, Circuit Judges.

SPRECHER, Circuit Judge.

At issue is the Interstate Commerce Commission's determination that an individual railroad has the independent right to petition the Commission for short notice upon which to withdraw its concurrence in proposed and filed but not yet effective carrier-made joint rates, without the consent of the other parties to the joint rates.

I

The Commission by order of January 22, 1976, permitted the nation's railroads, including the...

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