Aberdeen & Rockfish Railroad Company v. The United States of America and the Interstate Commerce Commission

The Supreme Court granted certiorari to review our earlier decision in this case, Aberdeen & Rockfish Railroad Co. v. United States, 565 F.2d 327 (5th Cir. 1977). The Court’s grant of certiorari was limited to one question:

Did the Court of Appeals thwart the purpose of the Railroad Retirement Amendments and frustrate the final judgment of a three-judge court when it deprived the LIRR of the immediate use of its interim terminal surcharge?

Long Island R. R. v. Aberdeen & Rockfish R. R., -U.S.-,-n.l, 99 S.Ct. 46, 46 n.l, 58 L.Ed.2d 1 (1978).

On this point the Supreme Court reversed our judgment.…