United States v. Chesapeake & Ohio Ry. Co., 352 U.S. 77 (1956)

United States v. Chesapeake & Ohio Railway Co.

No. 19

Argued October 15, 1956
Decided December 3, 1956
352 U.S. 77

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

The respondent railroad sued the United States in the District Court under the Tucker Act to recover a sum allegedly due for certain transportation of military supplies, the United States having paid the export rate, rather than the higher domestic rate. The goods had been shipped via respondent railroad to an Atlantic port for export; that exportation had been frustrated by wartime developments; they were stored domestically, and later shipped from a Pacific port to a different foreign country. The District Court gave judgment for the respondent, and the Court of Appeals affirmed. On review here, held:

1. On the record in this case, this Court cannot say whether the issue of tariff construction should have been referred to the Interstate Commerce Commission. Pp. 80-81.

2. The question of tariff construction should be determined by the Court of Appeals upon a full record, which would include consideration of the factors shown by the record in the earlier case on which it relied, but which is not before this Court. P. 81.

3. Referral to the Interstate Commerce Commission of the question of tariff construction is not barred by the two-year limitation contained in §16(3) of the Interstate Commerce Act. United States v. Western Pacific R. Co., ante, p. 59. P. 81.

224 F.2d 443 reversed and remanded.