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EVANS PRODUCTS CO. v. I.C.C.

Nos. 82-3017, 83-1240.

729 F.2d 1107 (1984)

EVANS PRODUCTS CO., General American Transportation Corp., and Interstate Railcar Services, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chicago Heights Terminal Transfer Railroad Company, Intervening Respondent. TANK LINING CORP., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 1984.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Belnap, Spencer & McFarland, Chicago, Ill., Robert P. VomEigen, Hamel, Park, McCabe & Saunders, Charles W. Chapman, Barnett & Alagia, Washington, D.C., for petitioners.

Dennis J. Starks, Interstate Commerce Commission, Washington, D.C., J.H. Durkin, Missouri Pacific R.R. Co., Chicago, Ill., for respondents.

Before WOOD and CUDAHY, Circuit Judges, and KELLEHER, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Petitioners, railroad car owners and operators of repair facilities, seek to have this court set aside the decision of the Interstate Commerce Commission in Switching Charges for Privately-Owned Cars Billed to Repair Facilities, No. 38792 (Oct. 12, 1982). The Commission declined to find unreasonable and violative of the Interstate Commerce Act, 49 U.S.C. § 10701 (Supp. V 1981), a supplemental item in the tariff of a...

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