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I. C. C. v. CHESAPEAKE & OHIO RY. CO.

No. G77-243 CA.

438 F.Supp. 666 (1977)

INTERSTATE COMMERCE COMMISSION, State of Michigan and State of Wisconsin, Plaintiffs, v. CHESAPEAKE & OHIO RAILWAY CO., Defendant.

United States District Court, W. D. Michigan, Southern Division.

July 25, 1977.

Attorney(s) appearing for the Case

Daniel S. Linhardt, I. C. C., Washington, D. C., Robert J. Taube, Asst. Atty. Gen., State of Mich., Lansing, Mich., E. Gordon Young, Asst. Atty. Gen., State of Wis., Madison, Wis., for plaintiffs.

James L. Wernstrom, Law, Weathers, Richardson & Dutcher, Grand Rapids, Mich., Richard B. Allen, C & O Railway, Cleveland, Ohio, for defendant.

OPINION AND ORDER

MILES, District Judge.

This action arises from C & O's decision to reduce its cross Lake Michigan transit fleet from three to two carferries during the 1977 summer sailing season. Plaintiffs oppose this reduction on the ground that a two carferry schedule will not enable the defendant to fulfill its statutory duty of providing adequate service upon reasonable demand. 49 U.S.C. § 905(a). Accordingly, they seek a preliminary injunction...

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