Cleveland-Cliffs Iron Co. v. Chicago & North Western Transportation Co.

OPINION RE MOTION FOR SUMMARY JUDGMENT

HILLMAN, District Judge.

This is an action for declaratory and injunctive relief, to enforce a rail tariff agreement between a carrier and a shipper and to enjoin the carrier from charging a higher rate, set forth in a supplemental tariff which was filed with the Interstate Commerce Commission (hereinafter “ICC”). Federal jurisdiction exists under 28 U.S.C. § 1332 and 28 U.S.C. § 1331, the federal question arising under Section 208(a)(i)(2) and (j) of the Staggers Rail Act of 1980, [49 U.S.C. § 10713(0(2) and (j)]. The case is now before the court on…