Florida East Coast Railway Co. v. CSX Transportation, Inc.

ILANA DIAMOND ROVNER, Circuit Judge.

Florida East Coast Railway Company (“FEC”) has sued CSX Transportation, Inc. for breach of a 1978 Settlement Agreement requiring that “[w]henever [CSX] establishes routes and rates ... it will also establish routes and rates on the same basis to or from any point served by FEC_” CSX argues that the Settlement Agreement does not apply to privately negotiated contract rates, which were legalized only after execution of the Agreement by the Staggers Rail Act of 1980, and that even if it did, application of the Agreement to those rates would violate Section 1…