Legal Opinion

Cleveland Electric Illuminating Co. v. Interstate Commerce Commission

Court of Appeals for the Sixth Circuit

Decided August 12, 1982No. Nos. 80-3727, 80-3792 and 80-3793PublishedCited by 1 opinion

1Per curiam

The sole issue for review is whether the Interstate Commerce Commission erred in refusing to exercise its discretionary power to abate penalty demurrage charges assessed when severe weather conditions prevented Cleveland Electric Illuminating Company from releasing rail cars promptly.

BACKGROUND

Demurrage is an expense shippers incur for retaining rail ears beyond the “free time” period.1 Demurrage charges are an integral part of the established rules and regulations relating to the use and movement of rail cars. The charges are neither rates nor penalties, rather, they have a unique status as…

2Cases cited10 opinions

Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
United States v. Pierce Auto Freight Lines, Inc.Supreme Court of the United States · 1946
Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
Illinois Central Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1907
The Coca-Cola Company v. The Atchison, Topeka, and Santa Fe Railway CompanyCourt of Appeals for the Fifth Circuit · 1979

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Cleveland Electric Illuminating Company v. Interstate Commerce CommissionCourt of Appeals for the Sixth Circuit · 1982