SOUTHERN RAILWAY CO.
v.
SEABOARD ALLIED MILLING CORP. ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 23, 1979.
Decided June 11, 1979.
Attorney(s) appearing for the Case
Mark L. Evans argued the cause for petitioner in No. 78-597. With him on the briefs were Christine N. Kohl and James P. Tuite. Wandaleen Poynter argued the cause for petitioners in No. 78-604. With her on the briefs were Donal L. Turkal, Fred R. Birkholtz, and Richard A. Hollander. Michael Boudin and Clare Dalton filed briefs for petitioner in No. 78-575.
Richard A. Allen argued the cause for the United States as respondent in all cases. With him on the briefs were Solicitor General McCree and Deputy Solicitor General Easterbrook. John H. Caldwell argued the cause for respondents Seaboard Allied Milling Corp. et al. in all cases. With him on the brief were Peter A. Greene, Rufus L. Edmisten, Attorney General of North Carolina, Jacob Safron, Special Deputy Attorney General, Richard L. Griffin, Associate Attorney General, Theodore L. Sendak, Attorney General of Indiana, William G. Mundy, Deputy Attorney General, and Donald P. Bogard. Harold E. Spencer argued the cause for respondents Board of Trade of the City of Chicago et al. in all cases. With him on the brief were Thomas F. McFarland, Jr., and Richard S. M. Emrich III.†
Supreme Court of United States.
MR. JUSTICE STEVENS delivered the opinion of the Court.
On September 14, 1977, the Interstate Commerce Commission decided not to exercise its authority under § 15 (8) (a) of the Interstate Commerce Act (Act) to order a hearing to investigate the lawfulness of a seasonal rate increase proposed by a group of railroads.1 The question presented is whether the Commission's refusal to conduct such...
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