Chicago, Milwaukee, St. Paul & Pacific Railroad v. Alouette Peat Products, Ltd.

This is an appeal from a judgment of the District Court reversing orders of the Interstate Commerce Commission dismissing complaints before the Commission seeking recovery of alleged overcharges in freight charges for the transportation of peat from British Columbia points to destinations in the *451 United States. The District Court held in effect that the rates in question were unlawful because not established as directed by the statute ( 49 U.S.C.A. Sec. 6 , Par. 3), and resulted in overcharges to the shippers, which they were entitled to recover. The judgment ordered the Interstate Commerce Commission to require the railroads to refund to the shippers the difference between the charges paid under the unlawful rates and those which should have been charged under the last lawfully established rates.

On December 5, 1946, in proceedings denominated as Ex Parte 162, Increased Railway Rates, Fares, and Charges, 1946, 266 I.C.C. 537 , the Interstate Commerce Commission made an order allowing the nation’s carriers certain increases in freight rates. Insofar as material here, Ex Parte 162 provided in Appendix 1 ( 266 I.C.C. 618 ):

In the same appendix, Ex Parte 162 set forth the…