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CSX TRANSP., INC. v. I.C.C.

No. 90-1563.

952 F.2d 500 (1992)

CSX TRANSPORTATION, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Huron Valley Steel Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 3, 1992.

Attorney(s) appearing for the Case

Fred R. Birkholz, with whom, Richard E. Kienle was on the brief, for petitioners.

Judith A. Albert, Atty., I.C.C., with whom, James F. Rill, Asst. Atty. Gen., John J. Powers, III and John P. Fonte, Attys. Dept. of Justice, and Robert S. Burk, Gen. Counsel and Craig M. Keats, Deputy Associate Gen. Counsel, I.C.C., were on the brief, for respondents.

John Guandolo was on the brief, for intervenor.

Before WALD and EDWARDS, Circuit Judges, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Senior Circuit Judge FAIRCHILD.

FAIRCHILD, Senior Circuit Judge:

Huron Valley Steel Corporation ("Huron Valley") filed a complaint with the Interstate Commerce Commission ("ICC" or "Commission") alleging that the rates charged on shipments of nonferrous scrap metal ("NFSM") from Anniston, Alabama to Belleville, Michigan, were in violation of 49 U.S.C. § 10731(e) (section 204(e) of the Staggers Act). Administrative Law Judge...

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