Arizona Wholesale Grocery Co. v. Southern Pac. Co.

Good Law
68 F.2d 601·1934 U.S. App. LEXIS 4919
United States Court of Appeals for the Ninth CircuitJanuary 24, 1934No. 7218California3,514 words

Opinion

Lead Opinion

Sawtelle, J.

For a proper understanding of the issue,, presented by this appeal, in which it is contended that the appellees’ rates on sugar from California points to Globe, Ariz., were unjust and unreasonable, a brief chronological survey of certain reports by the Interstate Commerce Commission will be necessary.

In Arizona Corporation Commission v. A., T. & S. F. Ry. Co. et al., 34 I. C. C. 158, 159, 160, 161, decided on May 25, 1915, the Interstate Commerce Commission reported:

The case involved all carriers transporting sugar from California to Arizona. ,ín a table appearing on page 160 of the report, the rate on sugar to Globe, effective March 15, 1914, or subsequently, was $1 per 100 pounds for a minimum weight of 3^,000 pounds. No rate for Globe is shown under the new schedule effective on November 15, 1914, for a minimum weight of 60,00o pounds, referred to above.

On July 7; 1916 (Graham & Gila County Traffic Ass’n v. Arizona Eastern R. Co., 40 I. C. C. 573, 586, 587), the commission found “that the through class and commodity rates *602 from the eastern group territories involved to points on the Globe [Arizona] division [of the Arizona Eastern Railroad], in effect at the time the…

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