Lone Star Steel Company v. The United States of America and Interstate Commerce Commission

GODBOLD, Circuit Judge:

Petitioner seeks review of the ICC’s decision not to suspend and investigate certain rail freight tariffs under § 15(8)(a) of the Interstate Commerce Act, 49 U.S.C. § 15(8)(a) (1976). 1 The Commission’s decision not to investigate under § 15(8)(a) was based on its determination that the tariffs complained of became effective before filing of the petition. Petitioners would have us order the Commission to proceed with such an investigation.

Such relief is clearly precluded by the Supreme Court’s recent decision in Southern Ry. Co. v. Seaboard Allied Milling Corp., - U.S.…