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SEABOARD COAST LINE R. CO. v. NAT. R. R. PASS.

Nos. 80-5451, 80-5452.

645 F.2d 513 (1981)

SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, a/k/a Amtrak, a corporation organized under the Rail Passenger Service Act of 1970, and the laws of the District of Columbia, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

May 22, 1981.

Attorney(s) appearing for the Case

Toole, Taylor, Moseley & Joyner, James F. Moseley, Neill W. McArthur, Jr., Jacksonville, Fla., for plaintiff-appellant.

Slover & Loftus, Donald G. Avery, Washington, D. C., Mahoney, Hadlow & Adams, George L. Hudspeth, Jacksonville, Fla., Paul Fogle Mickey, Jr., Victor David Ryerson, Washington, D. C., for National Railroad Passenger Corp.

Before DYER, TJOFLAT and FAY, Circuit Judges.

DYER, Circuit Judge:

The sole issue presented by these appeals is whether Seaboard, in rendering incidental transportation services to Amtrak in connection with its operation and maintenance of Amtrak passenger trains, must charge Amtrak in accordance with Seaboard's published common carrier tariff rates or whether Seaboard is bound by the lower rates specified in the National Railroad Passenger Corporation agreement entered into between the parties.

The district...

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