SOUTHERN RY. CO. v. I. C. C.

No. 81-2133.

681 F.2d 29 (1982)

SOUTHERN RAILWAY COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Family Lines Rail System, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1982.


Attorney(s) appearing for the Case

Eugene T. Liipfert, Washington, D. C., with whom Mark J. Andrews, Thomas R. Howell, and Maryann Clifford, Washington, D. C., were on the brief, for petitioner. Robert B. Donin, Washington, D. C., also entered an appearance for petitioner.

Harold E. Spencer, Chicago, Ill., with whom Thomas F. McFarland, Jr., Chicago, Ill., and John M. Cutler, Jr., Washington, D. C., were on the brief, for amicus curiae urging reversal.

H. Glenn Scammel, Atty., I. C. C., Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, Ellen K. Schall, Deputy Associate Gen. Counsel, I. C. C., John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Richard A. Hollander for intervenor.

Before WALD and GINSBURG, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This battle between two of the South-east's most successful railroads requires us to determine how a participant in joint rates1 may cancel its participation in those rates. Intervenor Family Lines Rail System (FLS) canceled certain joint rates with petitioner Southern Railway (Southern) by filing an amended tariff in September 1981. Respondent Interstate Commerce...

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