Island Creek Coal Sales Co. v. Interstate Commerce Commission

PHILLIPS, Chief Judge.

This case is before the court on a petition to review, set aside and annul an order of the Interstate Commerce Commission (ICC).1

Eight shippers challenge the legality of demurrage charges 2 collected from them by several railroads under an ICC order. The demurrage charges were collected on various shipments of coal and coke which had been transported to east coast ports for export.

Immediately prior to 1970, the carriers were permitted under ICC tariffs to collect demurrage charges of $3.50 per day for cars carrying coal to North Atlantic ports. In 1970 the railroads were…