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WICHITA BD. OF TRADE v. UNITED STATES

No. 82-1808.

706 F.2d 1067 (1983)

The WICHITA BOARD OF TRADE, et al., Plaintiffs-Appellees, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants-Intervenors, and Atchison, Topeka and Santa Fe Railway Company, et al., Intervening Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 28, 1983.

Attorney(s) appearing for the Case

Charles J. McCarthy, Washington, D.C. (Daniel J. Sweeney of McCarthy, Sweeney & Harkaway, P.C., Washington, D.C., Glaves, Weil & Evans, Wichita, Kan., with him on brief), for plaintiffs-appellees.

Henri Rush, Associate Gen. Counsel, Washington, D.C. (John Broadley, Gen. Counsel, and Craig M. Keats, Atty., I.C.C., Washington, D.C., with him on briefs), for I.C.C.

Christopher A. Mills, Chicago, Ill. (Charles W. Harris of Curtman, Harris, Stallings Grace & Snow, Wichita, Kan., with him on briefs), for intervening defendants-appellants.

Before SETH, LOGAN and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This controversy over railroad freight rates on grain has followed a tortuous and unusual path through a maze of administrative and judicial proceedings. Any simple statement of the facts, issues, and procedures is impossible. The appeal by the railroads attacks a judgment of the United States District Court for the District of Kansas which held that the rates imposed were unlawful and ordered the railroads to file an accounting of the...

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