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STERLING COLORADO BEEF CO. v. UNITED STATES

No. 77-1754.

599 F.2d 365 (1979)

The STERLING COLORADO BEEF COMPANY, Appellee, v. UNITED STATES of America, Interstate Commerce Commission, Burlington Northern Inc., et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 22, 1979.

Attorney(s) appearing for the Case

Richard J. Schreiber, Chicago, Ill. (Robert B. Batchelder, Stuart F. Gassner, Howard D. Koontz, Joseph J. Nagle, and Willard L. Peck, Chicago, Ill., with him, on brief), for appellant, Burlington Northern Inc.

Kenneth P. Kolson, Washington, D. C., for Interstate Commerce Commission.

Hershel Shanks, Washington, D. C. (James Bruce Davis, and Glassie, Pewett, Beebe & Shanks, Washington, D. C., of counsel, with him, on brief), for appellee.

Before SETH, Chief Judge, HOLLOWAY, Circuit Judge, and MARKEY, Chief Judge, U. S. Court of Customs and Patent Appeals.

SETH, Chief Judge.

In this proceeding the shipper, The Sterling Colorado Beef Company, brought this action before the Interstate Commerce Commission seeking reparations from the railroads which had handled its rail shipments. These shipments were of meat transported under TOFC or piggyback rates to Chicago, and also to the east coast, from Sterling, Colorado.

The basis for the claim rested on a comparison of the rates charged Sterling and those charged for...

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