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GEORGE A. RHEMAN COMPANY v. UNITED STATES

Civ. A. No. 4962.

133 F.Supp. 668 (1955)

The GEORGE A. RHEMAN COMPANY and J. C. Hagler, Jr., and T. W. Hagler, a partnership, doing business as Hagler Truck Company, Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court E. D. South Carolina.

Decided July 27, 1955.

Attorney(s) appearing for the Case

Frank A. Graham, Jr., Columbia, S. C., and Frank B. Hand, Jr., Washington, D. C., for complainants.

N. Welch Morrisette, Jr., U. S., Atty., Columbia, S. C., Stanley N. Barnes, Asst. Atty. Gen., and James E. Kilday and John H. D. Wigger, Sp. Assts. to Atty. Gen., for the United States.

Samuel R. Howell, Acting General Counsel, Washington, D. C., and James Y. Piper, Asst. General Counsel, for Interstate Commerce Commission.

T. Allen Legare, Jr., Charleston, N. C., and James B. Craighill, Charlotte, N. C., for intervenor Greater Charleston Chamber of Commerce.

Before PARKER, Circuit Judge, and WARLICK and WILLIAMS, District Judges.

PARKER, Circuit Judge.

This is an action by two common carriers by motor vehicle to enjoin and set aside an order of the Interstate Commerce Commission, being the tenth order in Ex parte No. MC-37, entered December 15, 1954, redefining and extending the commercial zone of the City of Charleston, South Carolina. 63 M.C.C. 127. The contention of plaintiffs is that the entry of the order was not a proper exercise of the rule making power of the Commission under section...

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