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CO-OPERATIVE SHIPPERS, INC. v. ATCHISON, TOPEKA, ETC.

Nos. 86-1075, 86-1119.

840 F.2d 447 (1988)

CO-OPERATIVE SHIPPERS, INC., Plaintiff-Appellee/Cross-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1988.

Attorney(s) appearing for the Case

John C. Palmer, Jr., The AT & SF RY Co., Chicago, Ill., for defendant-appellant/cross-appellee.

Joseph M. Roberts, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., for plaintiff-appellee/cross-appellant.

Before COFFEY and RIPPLE, Circuit Judges, and CAMPBELL, Senior District Judge.

CAMPBELL, Senior District Judge.

In 1980, Congress enacted the Staggers Rail Act, 49 U.S.C. § 10101 et seq. and in doing so "unambiguously expressed its interest in allowing free competition, to the maximum extent possible, to govern the financial health of the railroad industry." ICC v. Texas ___ U.S. ___, 107 S.Ct. 787, 793, 93 L.Ed.2d 809 (1987). As part of the Staggers Act, Congress enacted 49 U.S.C. § 10730(c) which states in pertinent...

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