BURLINGTON NORTHERN INC. v. UNITED STATES

No. 79-2517.

661 F.2d 964 (1981)

BURLINGTON NORTHERN INC., and Louisville & Nashville Railroad Company, Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Anaconda Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1981.


Attorney(s) appearing for the Case

John Will Ongman, Washington, D. C., with whom R. Eden Martin, Washington, D. C., and Curtis H. Berg were on the brief for petitioners.

H. Glenn Scammel, Atty. I. C. C., Washington, D. C., with whom Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel I. C. C., Sanford M. Litback, Asst. Atty. Gen., Barry Grossman and J. Mark Manner, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents. David Popowski, Atty., I. C. C., John J. Powers, III, and Robert Lewis Thompson, Attys. Dept. of Justice, Washington, D. C., also entered appearances for respondents.

Dickson R. Loos, Washington, D. C., with whom David H. Baker, Washington, D. C., was on the brief for intervenor.

Before JOHN W. PECK, Senior Circuit Judge for the United States Court of Appeals for the Sixth Circuit, MacKINNON and WILKEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Upon complaint of the Anaconda Company, Review Board Number Four of the Interstate Commerce Commission (ICC) reduced the rail rate for shipping aluminum ingots from Conkelley, Montana to Terre Haute, Indiana ("the Terre Haute route"). In prescribing a lower rate to Terre Haute the Board relied upon the rate that the defendant railroads were charging another aluminum company for...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases