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SEABOARD COAST LINE R.R. v. UNITED STATES

No. 82-8172.

724 F.2d 1482 (1984)

SEABOARD COAST LINE RAILROAD, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Consolidated Rail Corporation, Intervenor.

United States Court of Appeals, Eleventh Circuit.

February 13, 1984.

Attorney(s) appearing for the Case

P. Brantley Davis, Atlanta, Ga., R. Eden Martin, Joseph B. Tompkins, Jr., Lawrence A. Miller, Washington, D.C., for petitioners.

Lawrence H. Richmond, Timm L. Abendroth, ICC, Kenneth P. Kolson, John J. Powers, III, Dept. of Justice, Washington, D.C., for respondents.

Charles N. Marshall, Bruce B. Wilson, Timothy T. Toole, Philadelphia, Pa., for intervenor Consol. Rail Corp.

Carl E. Sanders, Atlanta, Ga., for intervenor Southeastern Assoc. of Reg. Utility Com'n and Southern Governor's.

Before HATCHETT and CLARK, Circuit Judges, and SCOTT, District Judge.

CLARK, Circuit Judge:

This controversy between Seaboard Coast Line Railroad Company and Consolidated Rail Corporation is based on a dispute over the division of the tariff charged for shipments of cereal from points in the northeastern section of the United States to points in the southeastern area. At stake is a much larger issue; the fixing of freight rail rates when the participating carriers cannot agree on the division...

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