Lodi Truck Service, Inc. v. United States of America and Interstate Commerce Commission

Lodi Truck Service, Inc. and four other carriers (Lodi) seek to set aside a decision of the Interstate Commerce Commission granting Walt Wilson Trucking, Inc. (Wilson) authority to transport general commodities (with specific exemptions) (1) between ocean ports in California, Oregon, and Washington, and (2) between the ocean ports and inland locations in the same states. We affirm the decision of the Commission.

Wilson, supported by nine shippers, applied for authority to transport general commodities from, to, and between points in California, Oregon, and Washington. Following publication of the application in the Federal Register, six carriers, 1 including *900 Lodi Truck Service, Inc., filed protests and requested an oral hearing. A review board of the Commission denied an oral hearing and granted Wilson’s application in part, authorizing service between ocean ports in the three states. Lodi appealed and again requested an oral hearing. The final decision of the Commission affirmed the Board’s denial of an oral hearing, finding that no material facts were in dispute and that the record was sufficient to reach a decision. The Commission found that the evidence justified a…

concurring in part and dissenting in part:

I agree that the decision of the Commission granting Wilson authority to transport general commodities between ocean ports in California, Oregon and Washington should be affirmed. I dissent, however, from that portion of the majority’s decision affirming the grant of authority by the Commission which allows Wilson to transport goods between the ports and inland locations in the three states as well.

The Commission and the majority both overstate the evidence purporting to support an authorization to Wilson to provide transportation anywhere within the three-state area. The only nonport cities specifically named in the supporting shipper statements were Fresno and Bakersfield. And, contrary to the majority’s assertion, Fresno and Bakersfield were mentioned by only one shipper, Trans-Pacific. 1 No inland *902 cities in Oregon and Washington were specifically named at all. Only one other shipper, Norton, Lilly, made even a general claim that it would move freight to and possibly from Oregon and Washington.

These statements are not sufficient to support the broad authorization the Commission granted Wilson for statewide transportation in…

706 F.2d 898 LODI TRUCK SERVICE, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. No. 82-7308. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1983. Decided April 13, 1983. Handler, Baker, Greene & Taylor, Ronald C. Chauvel, San Francisco, Cal., for petitioners. Charles A. Stark, Washington, D.C., for respondents. 1 On Petition for Review of an Order of the Interstate Commerce Commission. 2 Before KENNEDY and POOLE, Circuit Judges, and JAMESON, * District Judge. JAMESON, Senior District Judge: 3 Lodi Truck Service, Inc. and four other carriers (Lodi) seek to set aside a decision of the Interstate Commerce Commission granting Walt Wilson Trucking, Inc. (Wilson) authority to transport general commodities (with specific exemptions) (1) between ocean ports in California, Oregon, and Washington, and (2) between the ocean ports and inland locations in the same states. We affirm the decision of the Commission. 4 Wilson, supported by nine shippers, applied for authority to transport general commodities from, to, and between points in California, Oregon, and Washington. Following publication of the…