Green Bay and Western Railroad Co. v. United States and Interstate Commerce Commission

This appeal presents the question of whether Consolidated Rail Corporation's (ConRail) cancellation of joint rates with the Ann Arbor Railroad System (Ann Arbor) is consistent with the public interest, within the meaning of 49 U.S.C. § 10705(d). The Commission approved the cancellation of joint rates. Petitioners seek appellate review of the Commission's order in this Court. Jurisdiction is predicated on 28 U.S.C. § 2321, 2342(5). We reverse. The petitioning railroads in this case are the Ann Arbor and the Green Bay and Western Railroad Co. (GB&W). The Ann Arbor operates a 300 mile line of railroad between Toledo, Ohio and Frankfort, Michigan. At Frankfort, the Ann Arbor line connects with its car ferries which transport railroad cars across Lake Michigan to Kewaunee, Wisconsin. At Kewaunee the car ferries connect with the GB&W which operates a line of railroad to Winona, Minnesota. The majority of freight traffic on these railroads moves from the west to the northeast. The GB&W connects with several major western railroads at Winona, including the Soo, the Chicago and North Western, the Milwaukee Road and the Burlington Northern at East Winona, Wisconsin. The Ann Arbor connects with seven eastern railroads at Toledo: ConRail; Grand Trunk Western; Baltimore & Ohio; Chesapeake & Ohio; Detroit, Toledo & Ironton; Norfolk & Western; and Toledo Terminal. The Ann Arbor, its car ferries and the GB&W together serve as a bridge carrier of rail traffic between the west and the northeast.