Legal Opinion
Cincinnati, New Orleans & Texas Pacific Railway Co. v. Chesapeake & Ohio Railway Co.
Court of Appeals for the Fourth Circuit
Decided April 29, 1971No. Nos. 14997-14999PublishedCited by 1 opinion
1Opinion of the Court
BUTZNER, Circuit Judge:
This case raises questions about the effects of published tariffs on previously existing private agreements among railroads. The district court held that where the public is not directly affected, preexisting agreements prevail over tariffs, and that the charges due under the tariffs are not collectible. Cincinnati, N. O. & T. P. Ry. v. Chesapeake & O. Ry., 312 F.Supp. 972 (E.D.Va.1970). We reverse.
I
Seven major railroads interchange about thirty-five thousand cars a week in the Cincinnati terminal district, one of the largest rail gateways in the United States. As a…
2Cases cited15 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1932
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Arrow Transportation Co. v. Southern Railway Co.Supreme Court of the United States · 1963
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3Cited by1 opinion
- The Cincinnati, New Orleans & Texas Pacific Railway Co. v. The Chesapeake and Ohio Railway Co., the Cincinnati, New Orleans & Texas Pacific Railway Co. v. The Baltimore and Ohio Railroad Company, the Cincinnati, New Orleans & Texas Pacific Railway Co. v. Penn Central Transportation CompanyCourt of Appeals for the Fourth Circuit · 1971