Consolidated Copperstate Lines v. United States

ORDER AFFIRMING DECISION OF THE INTERSTATE COMMERCE COMMISSION

This is an action under 28 U.S.C. §§ 1336 , 1398, 2284, 2321-2325 to annul and set aside orders of the Interstate Commerce Commission. The report and orders of the Commission, dated July 31, 1967, are published at 104 M.C.C. 297, and amended by order of March 4, 1968.

Primarily involved are the purchases of operating rights of two companies, England Transportation Company, a Louisiana corporation, and England Transportation Company of Texas, a Texas corporation. These two companies ceased operations in 1964 due to failure to consummate a new labor agreement, and they placed their operating authority and equipment for sale at public auction. The plaintiffs, Consolidated Copperstate Lines and Strickland Transportation Co., Inc., were two successful bidders.

The statutes involved are §§ 5(2) (a) (i), 5(2) (b), 207 and 210a(b) of the Interstate Commerce Act [ 49 U.S.C. §§ 5 (2) (a) (i), 5(2) (b), 307 and 310a(b)].

Section 5(2) (a.) provides the basic permissibility for carriers to acquire control of other carriers.

Section 5(2) (b) sets forth procedures and standards for Commission approval of such…