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1. In d
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1. In docket No. 12530, upon petition for a declaratory order, found that the order
therein requires that railroad-owned and privately owned cars used to transport
Relief sought denied.
railroad-owned cars moving in unit trains from coal mines as part of the pool of
Distribution bulletin. Cease and desist order entered.
to exempt privately owned cars used in unit-train movements of coal from mines
Fred R. Birkholz, John W. Hanifin, Joseph L. Lenihan, Richard J.
J. H. Anderson, Pierre O. Caron, Daniel H. Core, Jr., A. William
Troy E. Cleveland, Bernard A. Gould, and James R. Taylor for
William M. Maddox for complainants in No. 35188.
'This report also embraces No. 35188, Harlan County Coal Operators' Association, et al. v. Louisville and Nashville Railroad Company.
James R. Taylor and Bernard A. Gould for the Bureau of Enforcement, Interstate Commerce Commission, in No. 35188.
REPORT AND ORDER OF THE COMMISSION
BY THE COMMISSION:
By petitions filed On September 4, 1970, and June 14, 1971, respectively, the Baltimore and Ohio Railroad Company, et al. (B&O), and the Louisville and Nashville Railroad Company (L&N), sought leave to file the petitions for declaratory orders, tendered therewith, to interpret or modify the order in docket No. 12530, Assigned Cars For Bituminous Coal Mines, 80 I.C.C. 520 (1923) and 93 I.C.C. 701 (1924), called the Assigned Cars case. That proceeding resulted in an order requiring that in the transportation of bituminous coal during times of car shortages, the railroad respondents (a) cease and desist from placing for loading at any mine privately owned cars and “railway fuel" cars (system or foreign-line cars for railway fuel), in excess of the mine's pro rata share of the “total number of available cars,” and (b) count and charge all such cars against the mines in determining pro rata shares of the individual mines.
The B&O requests the Commission to find that the order in the Assigned Cars case does not apply to privately owned cars moving in unit-train coal operations (hereinafter referred to simply as unit trains) or in the alternative, that the order be modified to exempt such cars from being counted as part of the pool available for distribution. The L&N requests that the Commission find that the order in the Assigned Cars case does not apply to either privately owned on railroad-owned cars moving in unit trains, or that the order be modified to provide for such an exemption. Notice of the filing of the B&O's petition was entered on September 23, 1970, and was published in the Federal Register on October 1, 1970, at 35 F.R. 15348, and a similar notice of the filing of the L&N's petition, dated October 8, 1971, was published on October 23 and 29, 1971, at 36 F.R. 20564 and 36 F.R. 20807, respectively.
In response to the notice in the Federal Register concerning the B&O's petition, numerous parties indicated that they wished to participate in future proceedings. Several of these parties submitted statements containing factual matter in support of the relief sought
"The Chesapeake and Ohio Railway Company, The Denver and Rio Grande Western Railroad Company, The Ilinois Central Railroad Company, and the Penn Central Transportation Company (George P. Baker, Richard C. Bond, Jervis Langdon, Jr., and Willard Wiriz, trustees at the time).