Secretary of Agriculture of the United States v. Interstate Commerce Commission and United States of America, Western Railroads, Intervenors

By decision of January 21, 1975, the Interstate Commerce Commission determined that certain railroads had failed to demonstrate that separate charges for in-individual in-transit grain inspections were “just and reasonable” under 49 U.S.C. § 15(7). 349 I.C.C. 89. 1 The tariffs were ordered cancelled within 60 days, id. at 100. At that time, no party had requested that a general refund order be issued and the Commission merely noted that individual aggrieved parties could seek refunds under 49 U.S.C. § 13(1). 2 On September 5, 1975, the Secretary of Agriculture, acting in his statutory…