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SOUTHERN RAILWAY CO. v. UNITED STATES

Civ. Nos. 2135, 2136.

194 F.Supp. 633 (1961)

SOUTHERN RAILWAY CO. et al. v. UNITED STATES of America and Interstate Commerce Commission. NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC., et al. v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court E. D. Virginia, At Alexandria.

Decided May 11, 1961.

Attorney(s) appearing for the Case

Howard W. Smith, Jr., Alexandria, Va., Thomas H. Maguire, Chicago, Ill., J. Edgar McDonald, New York City, William F. Zearfaus, Philadelphia, Pa., for plaintiffs in Civil Action 2135.

Bryce Rea, Jr. (Watkins & Rea), Washington, D. C., F. G. Freund, Washington, D. C., for the plaintiffs in Civil Action 2136.

Leonard S. Goodman, Washington, D. C., Robert W. Ginnane, Gen. Counsel, Washington, D. C., for the Interstate Commerce Commission.

Richard H. Stern, Washington, D. C., Robert A. Bicks, Asst. Atty. Gen., and Joseph S. Bambacus, U. S. Atty., Richmond, Va., for the United States.

Philip N. Brophy, Falls Church, Va., and Robert N. Burchmore (Burchmore, Good & Bobinette) Chicago, Ill., for defendant-intervenor, National Industrial Traffic League.

Before SOBELOFF, Circuit Judge, and LEWIS and BRYAN, District Judges.

ALBERT V. BRYAN, District Judge.

Here the Interstate Commerce Commission has found it has "no authority to authorize" a freight classification rule of general application whereby a rail- or motor-carrier's liability for loss or damage to a shipment is restricted to a specified maximum amount, which would be considered the value thereof, unless a greater value is declared or agreed upon at the time of the delivery of the shipment to the carrier. In the latter event...

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