MR. SPROUT, INC. v. U.S.

No. 959, Docket 92-4160.

8 F.3d 118 (1993)

MR. SPROUT, INC.; Tray Wrap, Incorporated; Country Wide Produce, Incorporated; G & T Terminal Packaging Co., Inc., Petitioners, v. UNITED STATES of America, and Interstate Commerce Commission, Respondents, Consolidated Rail Corporation; Atchison, Topeka, and Santa Fe Railway Company, Intervenors.

United States Court of Appeals, Second Circuit.

Decided October 25, 1993.


Attorney(s) appearing for the Case

Elkan Abramowitz, New York City (Christopher J. Gunther, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City, David J. Goldberg, Cohen, Shapiro, Polisher, Shiekman & Cohen, Lawrenceville, NJ, of counsel), for petitioners.

Craig M. Keats, Associate Gen. Counsel, I.C.C., Washington, DC (Louis Mackall, V. Robert S. Burk, Gen. Counsel, I.C.C., Washington, DC, J. Mark Gidley, Acting Asst. Atty. Gen., John J. Powers, III, John P. Fonte, Dept. of Justice, Washington, DC, of counsel), for respondents.

Jonathan M. Broder, Consolidated Rail Corp., Philadelphia, PA (Constance L. Abrams, Consolidated Rail Corp., Philadelphia, PA, Paul A. Cunningham, Robert M. Jenkins, III, Harkins Cunningham, Washington, DC, of counsel), for intervenor Consolidated Rail Corp.

Before: KEARSE, CARDAMONE and PIERCE, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal concerns the shipment of potatoes by rail into the New York City metropolitan area. A group of shippers blame the railroad for the fact that an appreciable amount of this product is received in unsaleable condition. Because potatoes are plentiful and a relatively inexpensive vegetable, a good many consumers have a decided attachment to them so that the demand for this produce is large. Not only are potatoes good to put in the...

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