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MONONGAHELA POWER CO. v. I. C. C.

No. 80-1365.

640 F.2d 504 (1981)

MONONGAHELA POWER COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Baltimore and Ohio Railroad Company, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1981.

Attorney(s) appearing for the Case

John M. Cutler, Jr., Washington, D. C. (Charles J. McCarthy, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Washington, D. C., Ruth E. Kipp, Legal Dept., Monongahela Power Company, Fairmont, W. Va., on brief), for petitioner.

Lawrence H. Richmond, I.C.C., Washington, D. C. (Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel; Sanford M. Litvack, Asst. Atty. Gen., John J. Powers, III, Andrea Limmer, Dept. of Justice, Washington, D. C., on brief), for respondents.

John J. Paylor, Cleveland, Ohio, for intervenor.

Before BRYAN, Senior Circuit Judge, and RUSSELL and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

The winter of 1977-78 was bitter cold. Its after-effects still linger on. Monongahela Power Company seeks relief from an Interstate Commerce Commission order that denied Monongahela reparation of a part of $970,940 in demurrage charges paid to the Baltimore and Ohio Railroad. The share of the $970,940 for which reparation is sought represented not the actual costs of delay for the specific shipments in fact here involved, but rather that...

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