discussed Cited as authority (quoted) Atchison, Topeka & Santa Fe Railway Co. v. Interstate Commerce Commission the principal purpose of that agreement was to spread demur-rage liabilities over all shipments, rather than calculate them solely on an individualized per car basis.

discussed Cited as authority (quoted) Atchison, Topeka And Santa Fe Railway Company v. Interstate Commerce Commission the principal purpose of that (average) agreement was to spread demurrage liabilities over all shipments, rather than calculate them solely on an individualized per car basis.

discussed Cited "see" Cleveland Electric Illuminating Co. v. Interstate Commerce Commission See Monongahela Power Co. v. Interstate Commerce Commission, 640 F.2d 504, 507 (4th Cir. 1981), cert. denied, - U.S. -, 102 S.Ct. 111 , 70 L.Ed.2d 97 (1981); Empire-Detroit Steel Division of Cyclops Corp. v. Interstate Commerce Commission, 659 F.2d 396 (3d Cir. 1981).

discussed Cited "see" Cleveland Electric Illuminating Company v. Interstate Commerce Commission See Monongahela Power Co. v. Interstate Commerce Commission, 640 F.2d 504, 507 (4th Cir. 1981), cert. denied, --- U.S. ----, 102 S.Ct. 111 , 70 L.Ed.2d 97 (1981); Empire-Detroit Steel Division of Cyclops Corp. v. Interstate Commerce Commission, 659 F.2d 396 (3d Cir. 1981). 12 The Commission maintains that it has consistently applied its policy of not excusing penalty demurrage where an average agreement is in effect.