Southern Pacific Transportation Company v. Interstate Commerce Commission

565 F.2d 615 SOUTHERN PACIFIC TRANSPORTATION COMPANY, Pacific Motor Trucking Company, and Silas F. Royster, Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents. No. 75-2175. United States Court of Appeals, Ninth Circuit. Dec. 6, 1977. John MacDonald Smith (argued), San Francisco, Cal., for petitioners. Raymond M. Ripple (argued), San Francisco, Cal., for respondents. 1 Petition to Review an Order of the Interstate Commerce Commission. 2 Before KILKENNY, Senior Circuit Judge, ANDERSON, Circuit Judge, and SCHWARZER, * District Judge. SCHWARZER, District Judge: 3 This is a proceeding under 28 U.S.C. § 2342 to set aside an order of the Interstate Commerce Commission. Under the terms of an order of the Commission served August 6, 1974, petitioners were required to cease and desist from engaging in or contracting for certain trucking operations within California, found by the Commission to be in violation of the Interstate Commerce Act. (Southern Pacific Transportation Co., et al. Investigation of Operations, 120 M.C.C. 236 (1974).) Petitioners ask the Court to set aside that order, as well as a subsequent order of the Commission, dated May…