Court of Appeals for the Fifth Circuit May 22, 1981, Nos. 80-5451, 80-5452 (Seaboard Coast Line Railroad v. National Railroad Passenger Corp.)

DYER, Circuit Judge:

The sole issue presented by these appeals is whether Seaboard, in rendering incidental transportation services to Amtrak in connection with its operation and maintenance of Amtrak passenger trains, must charge Amtrak in accordance with Seaboard’s published common carrier tariff rates or whether Seaboard is bound by the lower rates specified in the National Railroad Passenger