preserved in the record satisfactorily discloses that the Commission's substituted findings were compellingly justified.
There is no doubt in our minds that there was substantial evidence upon which to predicate a conclusion that said switchings constituted an interruption of a continuous transportation movement and necessarily became a terminal operation.
The Court could not overlook the glaring incongruity of plaintiffs' position. The Copperweld yards encompassed 18 miles of track. An average of 25 cars entered, and 25 cars departed from said yards each day.
Despite Copperweld's contention that the movements through its yards were continuous and uninterrupted, we could not ignore the salient fact that the B & O Railroad employed three full crews, who were engaged not only in bringing the cars up to yard 100, but in conjunction with additional personnel of Copperweld, also devoted a substantial part of their time in facilitating the movements within the Copperweld yards. The multiplicity of switching operations conducted within these yards consumed an average of ten to sixteen hours per day on the part of the crew of the B & O Railroad.
How well the Commission utilized the evidence before it or what weight it assigned to its various parts is not a matter upon which this Court may rule. Interstate Commerce Commission v. City of Jersey City, 322 U.S. 503, 512, 513, 64 S. Ct. 1129, 88 L. Ed. 1420. The facts in determining where transportation ceases and terminal operations begin are empiric, fluid and complex. They are not to be shifted from the shoulders of the experts commissioned to handle them to the backs of the judiciary; nor are the broad powers of judgment conferred upon the experts to be unduly hampered. Western Paper Makers' Chemical Co. v. U.S., 271 U.S. 268, 271, 46 S. Ct. 500, 70 L. Ed. 941. Correctness of reasoning, soundness of conclusion or alleged inconsistency of findings with those of prior proceedings are not to be inquired into by the courts. Virginia Ry. Co. v. U.S., 272 U.S. 658, 665, 666, 47 S. Ct. 222, 71 L. Ed. 463.
The Court makes the following Findings of Fact and Conclusions of Law:
Findings of Fact
1. This cause came on to be heard before a duly constituted statutory court which was conveyed pursuant to statute, 28 U.S.C.A. § 2284(1) and § 2325, to hear and determine the applications.
2. By agreement of the parties the issues were submitted upon final hearing, upon the pleadings and upon the complete record of the proceedings before the Interstate Commerce Commission and the said Commission's findings and decision thereon.
3. This proceeding was brought to enjoin, set aside, annul and suspend the reports and orders of the Interstate Commerce Commission made on December 1, 1947, as modified on September 28, 1951, the proceeding known as the Investigation and Suspension Docket No. 5357, Terminal Allowance, Copperweld Steel Company, Warren, Ohio.
4. The Order of the Commission issued on September 28, 1951, required the carrier, B & O Railroad Company, to cease and desist on or before December 17, 1951 to provide terminal service for the Copperweld Steel Company under its interstate line haul rates beyond the interchanged tracks described in the Order of the Commission on the premises of Copperweld Steel Company.
5. The Order of the Commission further provided that the B & O Railroad Company was required to cancel the schedules referred to in the Commission's report on or before November 15, 1951, such schedules relating to changes made between the B & O Railroad Company and the Copperweld Steel Company for the performance of terminal services on the premises of Copperweld Steel Company.
6. The Interstate Commerce Commission had before it substantial evidence in support of its findings.
Conclusions of Law
1. The Court has jurisdiction of this cause and of the parties thereto.
2. The Interstate Commerce Commission had jurisdiction over the proceedings wherein the said Orders of December 1, 1947 and September 28, 1951 were made, and to make the said Orders.
3. Said Orders were within the constitutional and statutory authority of the Commission, and were not arbitrary or based upon mistake of law of misapplication of the proper statutory standards. Said Orders were made by the Commission upon adequate findings, supported by substantial evidence, and in accordance with the applicable law, and were and are valid and lawful in all respects.
4. The Interstate Commerce Commission has suspended the effectiveness of the orders issued from time to time, pending disposition of the questions raised in the within proceeding, the last suspension order to expire on June 25, 1952.
5. The relief prayed for in the complaint should be denied, and the suit dismissed; plaintiffs to pay the costs.
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