that we have jurisdiction to entertain, and indeed should entertain, the motion.
The other arguments pressed by the Government do not persuade us otherwise. The Government maintains that this is not a motion to enforce an earlier judgment of this court but rather a motion to enjoin a new ICC order, namely, an order reopening the case. But it is this very order which conflicts with and impinges upon the final judgment of this court; and the Government's point is semantical rather than substantial in relation to the issue of this court's jurisdiction to protect its own judgment.
The Government's second argument is that there is no indication that this court intended to 'retain' whatever jurisdiction was necessary to insure that the Commission complied with this court's earlier decision. The Government fails to deal, however, with cases such as Riggs and Dugas, discussed above. There was no indication in Dugas, for example, that the federal court expressed an intent to 'retain' jurisdiction to insure compliance with its judgment; nor is there anything in the language of the Supreme Court opinions indicating that such a requirement exists. The Government bases such a requirement on various cases in the court of appeals for this circuit, Greater Boston Television v. FCC, 143 U.S.App.D.C. 383, 460 F.2d 268, 287 -- 88 (1971) and NLRB v. Wilder Manufacturing Co., 147 U.S.App.D.C. 15i, 454 F.2d 995, 998 (1971), as well as on a case more directly in point from the Southern District of Florida, Keller Trucking Inc. v. United States, No. 73 -- 292 -- Civ -- JE (Nov. 11, 1975).
The court in Keller was presented with the same jurisdiction question as is now before us. Although that court concluded that, given the new review statute, it was without jurisdiction to entertain a motion to set aside an order of the ICC, it also expressly noted that it had 'previously entered no substantive order granting or denying any substantive relief.' The case sub judice is quite different in that we entered a permanent injunction against the order entered by the Commission in the Section 15(7) proceeding. Greater Boston Television and Wilder are equally inapposite. Wilder did not involve a motion to enforce a prior order, and Greater Boston Television concerned the issue of judicial discretion in reopening a prior agency proceeding.
The Government's final argument against jurisdiction is a policy one: the 'old system' of three-judge court review could be 'perpetuated ad infinitum.' The argument is more than a bit exaggerated and is obviously outweighed by the fact that there are policy arguments which cut the other way, such as the advantages to be gained in a case such as this where the panel handing down the initial decision is the best informed as to the precise scope of the initial holding.
In granting the motion, we emphasize that our prior judgment is a barrier to the Commission's reopening for the purpose of requiring plaintiff railroads to prove in this proceeding that they cannot reasonably be expected to achieve cost savings normally inherent in multiple-car service. If at any time hereafter the Commission has reason to believe that the rates presently in effect are unjust or unreasonable, it may seek to proceed against them under Section 15(1), but the Section 15(7) proceeding now purported to be reopened has been terminated by the final judgment of this court.
Wherefore it is ordered, adjudged, and decreed that the Commission's orders served on August 20, 1975 and November 25, 1975, are declared to be in conflict with this court's prior judgment and injunction, and are, accordingly, hereby permanently enjoined, set aside, and nullified.