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IND. HARBOR BELT R. CO. v. GENERAL AM. TRANSP.

No. 77-1676.

577 F.2d 394 (1978)

INDIANA HARBOR BELT RAILROAD COMPANY, Petitioner, United States of America and Interstate Commerce Commission, Respondents, v. GENERAL AMERICAN TRANSPORTATION CORPORATION, Union Tank Car Company, North American Car Corporation, U. S. Railway Manufacturing Company, Manufacturing Chemists Association, Pullman Leasing Company, and U. S. Railway Equipment Company, Intervenors.

United States Court of Appeals, Seventh Circuit.

Decided May 25, 1978.

Attorney(s) appearing for the Case

Anna M. Kelly, Chicago, Ill., for petitioner.

Henri F. Rush, I. C. C., Washington, D. C., Martin Lucente, Robert R. Tepper, Chicago, Ill., for respondents.

Before FAIRCHILD, Chief Judge, TONE, Circuit Judge, and SHARP, District Judge.

ALLEN SHARP, District Judge.

This is an appeal from a determination by the Interstate Commerce Commission (the "Commission") that the Indiana Harbor Belt Railroad Company ("IHB") may not assess additional charges for the empty movement of privately-owned freight cars for ordinary repairs once they have entered the national car fleet and must participate in an excess empty mileage "equalization" rule published by the nation...

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