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SEABOARD SYSTEM R.R., INC. v. UNITED STATES

No. 85-3425.

794 F.2d 635 (1986)

SEABOARD SYSTEM RAILROAD, INC., Petitioner, and the Buckeye Cellulose Corporation, Intervenor-Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

July 24, 1986.

Attorney(s) appearing for the Case

Fred R. Birkholz, Jacksonville, Fla., for petitioner.

Michael P. Coury, Memphis, Tenn., for intervenor Buckeye Cellulose Corp.

Evelyn G. Kitay, I.C.C., John J. Powers, III, Marion L. Jetton, U.S. Dept. of Justice, Antitrust Div., Washington, D.C., for respondents.

Before RONEY and FAY, Circuit Judges, and SIMPSON, Senior Circuit Judge.

RONEY, Circuit Judge:

The railroad in this petition for review of an ICC order seeks to collect undercharges based on a higher single-car rate to a shipper who was promised and received lower multicar rates for shipments between December 1977 and May 1980. The ICC held that the tariff provisions at that time were not ambiguous and that, in any event, the collection of undercharges under the circumstances of this case would be unreasonable. As to the latter decision...

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