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SOUTHERN RY. CO. v. UNITED STATES

Civ. A. No. 1776-73.

502 F.Supp. 975 (1980)

SOUTHERN RAILWAY COMPANY et al., Plaintiffs, v. The UNITED STATES of America and The Interstate Commerce Commission, Defendants, and Pacific Fruit Express Company, Intervening Defendant.

United States District Court, District of Columbia.

October 23, 1980.

Attorney(s) appearing for the Case

Charles Lettow, Robert Glicksman, Washington, D. C., Edward Kaier, Philadelphia, Pa., for plaintiffs.

Marc J. Sonnenfeld, William J. Taylor, Philadelphia, Pa., H. Glenn Scammel, I.C.C., David MacDonald, John Guandolo, Washington, D. C., for defendants.

Before WALD, Circuit Judge, and JUNE L. GREEN and OBERDORFER, District Judges.

MEMORANDUM

Section 11105 of the Transportation Act, 49 U.S.C. § 11105,1 gives the Interstate Commerce Commission authority to regulate rates carriers must pay to persons furnishing protective services against heat or cold for rail cars transporting spoilable goods. In 1976, this court held that the Commission had the power to regulate protective service rates prospectively. It remanded to the Commission for further consideration...

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