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MINNEAPOLIS, NORTHFIELD & SOUTHERN RY. v. I.C.C.

No. 82-1317.

707 F.2d 984 (1983)

MINNEAPOLIS, NORTHFIELD AND SOUTHERN RAILWAY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. and Chicago and North Western Transportation Company, Intervenor/Respondent.

United States Court of Appeals, Eighth Circuit.

Decided May 16, 1983.

Rehearing and Rehearing Denied June 14, 1983.

Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Kenneth P. Kolson, Dept. of Justice, John Broadley, General Counsel, Kathleen M. Dollar, Associate General Counsel, H. Glenn Scammel, I.C.C., Washington, D.C., for I.C.C. and United States.

Louis T. Duerinck, Stuart F. Gassner, Anne E. Keating, Chicago, Ill., for intervenor/respondent, Chicago and North Western Transp. Co.

Faegre & Benson, Gordon G. Busdicker, Gordon B. Conn, Jr., Minneapolis, Minn., for petitioner.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and DUMBAULD, Senior District Judge.

Rehearing and Rehearing En Banc Denied June 14, 1983.

HENLEY, Senior Circuit Judge.

A provision of the Revised Interstate Commerce Act, added by the Staggers Rail Act of 1980, permits a rail carrier to cancel the application of certain joint rates,1 in the absence of a statutorily prescribed demonstration by another participating carrier, "notwithstanding any other provision of this title, any prior agreement in effect on the effective...

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