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PENNSYLVANIA RAILROAD COMPANY v. UNITED STATES

Civ. A. No. 36561.

242 F.Supp. 890 (1965)

The PENNSYLVANIA RAILROAD COMPANY v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court E. D. Pennsylvania.

April 23, 1965.

Attorney(s) appearing for the Case

Carl Helmetag, Jr., Philadelphia, Pa., for Pennsylvania R. Co.

Ralph C. Busser, Jr., Philadelphia, Pa., and Bryce Rea, Jr., Harry J. Jordan and Peter T. Beardsley, Washington, D. C., for American Trucking Associations, Inc. and National Motor Freight Traffic Ass'n.

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., for defendant.

Rowle & Henderson, Philadelphia, Pa., for the National Industrial Traffic League.

V. Baker Smith of Morgan, Lewis & Bockius, Philadelphia, Pa., for Private Carrier Conference, Inc., and South Paterson Trucking Co., Inc.

Wm. A. Goichman, Harrisburg, Pa., for Pa. Public Utility Commission.

I. K. Hay, Washington, D. C., for Interstate Commerce Commission.

Before FREEDMAN, Circuit Judge, and KRAFT and HIGGINBOTHAM, District Judges.

PER CURIAM.

We are here asked to hold that the Interstate Commerce Commission must extend its economic regulation into certain areas pertaining to "* * * for hire motor transportation within the confines of a single state"1— even though the Commission (by a majority)2 has held that there is no statutory jurisdiction for the economic regulation of the type...

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