The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, the Baltimore and Ohio Railroad Company, Boston & Maine Corporation, Burlington Northern, Inc., the Chesapeake and Ohio Railway Company, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Chicago and North Western Transportation Company, Consolidated Rail Corporation, Delaware and Hudson Railway Company, the Denver and Rio Grande Western Railroad Company, Detroit and Toledo Shore Line Railroad Company, Detroit, Toledo and Ironton Railroad Company, Elgin, Joliet and Eastern Railway Company, William Gibbons, Trustee of Chicago, Rock Island and Pacific Railroad Company, debtor, Grand Truck Western Railroad Company, Green Bay and Western Railroad Company, Illinois Central Gulf Railroad Company, Illinois Terminal Railroad Company, the Kansas City Southern Railway Company, Louisville and Nashville Railroad Company, Missouri-Kansas-Texas Railroad Company, Missouri Pacific Railroad Company, Norfolk and Western Railway Company, Pittsburgh & Lake Erie Railroad, St. Louis-San Francisco Railway Company, St. Louis Southwestern Railway Company, Sea-board Coast Line Railroad Company, Soo Line Railroad Company, Southern Pacific Transportation Company, Southern Railway Company, Toledo, Peoria & Western Railroad Company, Union Pacific Railroad Company, the Western Pacific Railroad Company, Petitioners,
v.
The UNITED STATES of America and Interstate Commerce Commission, Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 2, 1978.
Decided October 2, 1979.
Attorney(s) appearing for the Case
James E. Sykes, Western Railroad Ass'n, Chicago, Ill. (T. S. Ellis, III, Hunton & Williams, James L. Howe, III, Southern Railway Co., Richmond, Va., John J. Paylor, Chessie System, Cleveland, Ohio, on brief), for petitioners.
John J. McCarthy, Jr., I.C.C., Washington, D.C. (John H. Shenefield, Asst. Atty. Gen., Barry Grossman, Bruce E. Fein, Dept. of Justice, Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Asst. Gen. Counsel, David Popowski, Atty., I.C.C., Washington, D.C., on brief), for respondent.
John K. Maser, III, Washington, D.C. (John F. Donelan, Frederic L. Wood, Donelan, Cleary, Wood & Maser, Washington, D.C., on brief), for intervenor, The National Industrial Traffic League.
Before BUTZNER and HALL, Circuit Judges, and HOFFMAN, Senior District Judge.
United States Court of Appeals, Fourth Circuit.
WALTER E. HOFFMAN, Senior District Judge:
By tariff provisions scheduled to become effective September 2, 1976, the railroads in the Eastern, Western and Southern territories of the United States1 proposed to increase their separately stated transit charges on lumber and forest products. The proposed charges would be roughly uniform throughout the nation, the exception being certain areas which...
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