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CHESAPEAKE AND OHIO RY. CO. v. U.S. STEEL CORP.

Nos. 88-3775, 88-3776, 88-3803 and 88-3804.

878 F.2d 686 (1989)

The CHESAPEAKE AND OHIO RAILWAY COMPANY v. UNITED STATES STEEL CORPORATION, USS Corporation, USS Division (formerly United States Steel Corporation), Appellant in 88-3775 UNITED STATES STEEL CORPORATION v. Robert W. BLANCHETTE, Richard C. Bond and John H. MacArthur, Trustees of the Property of the Penn Central Transportation Company; the Penn Central Transportation Rail Corporation; the Norfolk and Western Railway Company, USS Corporation, USS Division (formerly United States Steel Corporation), Appellant in 88-3776 UNITED STATES STEEL CORPORATION v. Robert W. BLANCHETTE, Richard C. Bond and John H. MacArthur, Trustees of the Property of the Penn Central Transportation Company; the Penn Central Transportation Rail Corporation; the Norfolk and Western Railway Company, Norfolk and Western Railway Company, Appellant in 88-3803 The CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellant in 88-3804 v. UNITED STATES STEEL CORPORATION

United States Court of Appeals, Third Circuit.

Decided June 20, 1989.

Attorney(s) appearing for the Case

Richard J. Munsch (argued), Pittsburgh, Pa., for USS Corp., USS Div.

David P. Helwig (argued), Gary F. Sharlock, Sharlock, Repcheck & Mahler, Pittsburgh, Pa., for The Chesapeake and Ohio Ry. Co.

Richard W. Kienle (argued), Roanoke, Va., for Norfolk and Western Ry. Co.

Before HIGGINBOTHAM, STAPLETON, and WEIS, Circuit Judges

OPINION OF THE COURT

WEIS, Circuit Judge.

In this suit for the refund of freight payments, the district court decided that the shipper's claims fell within the statutory definition of "overcharges," and that the appropriate statute of limitations had not expired. We agree and will affirm the judgments in favor of the shipper. The district court further held that, in balancing the equities, prejudgment interest would be allowed only for a very limited period...

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