Pacific Fruit Express Company v. Akron, Canton & Youngstown Railroad Company

524 F.2d 1025 PACIFIC FRUIT EXPRESS COMPANY, Plaintiff-Appellee, Interstate Commerce Commission and United States of America, InterveningPlaintiffs-Appellees, v. AKRON, CANTON & YOUNGSTOWN RAILROAD COMPANY et al., Defendants-Appellants. No. 73-2184. United States Court of Appeals, Ninth Circuit. Aug. 28, 1975. 1 Gordon Johnson (argued), Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for defendants-appellants. 2 Herbert A. Waterman (argued), San Francisco, Cal., for plaintiff-appellee. OPINION 3 Before KOELSCH and CHOY, Circuit Judges, and KELLEHER, * District Judge. KELLEHER, District Judge: 4 Appellee Pacific Fruit Express Company ("PFE") brought in the District Court an action for damages under 49 U.S.C. §§ 8 and 9 and for injunctive relief under 49 U.S.C. § 16 (12) 1 against 90 Mid-Eastern, Eastern, and Southern railroad common carriers for alleged continuing violation of a 1962 order of the Interstate Commerce Commission ("ICC"). The District Court granted the motion of PFE for summary judgment on the liability issue and the motion of PFE and of the intervenor, ICC, for injunctive relief. 5 This appeal was taken by 56 of the defendant railroads,…