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AMERICAN FARM LINES v. BLACK BALL FREIGHT SERVICE

No. 369.

397 U.S. 532 (1970)

90 S.Ct. 1288

25 L.Ed.2d 547

AMERICAN FARM LINES v. BLACK BALL FREIGHT SERVICE ET AL.

Supreme Court of United States.

Decided April 20, 1970

Attorney(s) appearing for the Case

Joseph A. Califano, Jr., argued the cause for appellant in No. 369. With him on the briefs were John D. Hawke, Jr., and William L. Peterson, Jr. Arthur J. Cerra argued the cause for appellant in No. 382. With him on the brief were Solicitor General Griswold, Assistant Attorney General McLaren, Deputy Solicitor General Springer, John H. D. Wigger, and Robert W. Ginnane.

William H. Dempsey, Jr., argued the cause for appellees in both cases and filed a brief for appellees Consolidated Freightways Corp. et al. In both cases Ed White filed a brief for railroad appellees; William B. Adams, Peter T. Beardsley, and Nelson J. Cooney filed a brief for certain motor carrier appellees, and James W. Wrape and Robert E. Joyner filed a brief for Dealers Transit, Inc., et al.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Interstate Commerce Commission has statutory power to grant motor carriers temporary operating authority "without hearings or other proceedings" when the authority relates to a "service for which there is an immediate and urgent need" and where there is "no carrier service capable of meeting such need."1 Interstate Commerce Act §...

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