United States of America and Interstate Commerce Commission v. Southern Pacific Transportation Co.

Southern Pacific Transportation Co. (Southern Pacific) appeals from a preliminary injunction requiring it to grant the Interstate Commerce Commission (ICC) access to its Clerical Officers Station Check List (Check List) for its San Jose office. The Check List is a document compiled from railroad records containing information required by the ICC under section 11144 of the Interstate Commerce Act (Act).

The district court found that the Check List is related to records which Southern Pacific is required to keep, that the Check List would help explain those records and that the ICC, therefore, is entitled to the Check List. Southern Pacific contends that the ICC’s right of inspection is limited under the Act to specific records, and that the Check List is not one of those records. It asserts that the Check List is an internal management report used to evaluate compliance by personnel with both ICC and Southern Pacific procedures and to avoid violations of the Act which could result in substantial penalties.

In April, 1981, the ICC asked Southern Pacific for its San Jose Check List, but Southern Pacific refused. The district court ordered Southern Pacific to give the Check List to…