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ILLINOIS COMMERCE COM'N v. I.C.C.

No. 85-1101.

789 F.2d 951 (1986)

ILLINOIS COMMERCE COMMISSION, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Illinois Central Gulf Railroad Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D.C. and James E. Weging, with whom Hercules F. Bolos, Chicago, Ill., was on brief, for petitioners.

Louis Mackall, Atty., I.C.C., with whom Charles F. Rule, Acting Asst. Atty. Gen., Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and Catherine G. O'Sullivan, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondents.

Howard D. Koontz, Chicago, Ill., for intervenor, Illinois Cent. Gulf R. Co.

Before WALD, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court PER CURIAM.

PER CURIAM.

Under the Staggers Rail Act of 1980 ("the Act"), a railroad may apply for a surcharge on certain rail traffic if previously applicable charges do not generate sufficient revenues to cover 110% of the railroad's variable cost of transportation to or from a line ("off-branch costs"), plus 100% of the carrier's reasonably expected costs of continuing to operate that line ("on-branch costs"). 49 U.S.C. § 10705a...

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