CALIFORNIA COMM'N v. UNITED STATES

No. 23.

355 U.S. 534 (1958)

PUBLIC UTILITIES COMMISSION OF CALIFORNIA v. UNITED STATES.

Supreme Court of United States.

Decided March 3, 1958.


Attorney(s) appearing for the Case

J. Thomason Phelps and Everett C. McKeage argued the cause and filed a brief for appellant.

John F. Davis argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Hansen and Henry Geller.

Briefs of amici curiae urging reversal were filed by Will Wilson, Attorney General, James N. Ludlum, First Assistant Attorney General, and J. W. Wheller, Assistant Attorney General, for the Railroad Commission of Texas et al., Phillip Robinson for the Texas Independent Motor Carriers, Daryal A. Myse for Hughes Transportation, Inc., and Austin L. Roberts, Jr. and R. Everette Kreeger for the National Association of Railroad and Utilities Commissioners.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Section 530 of the California Public Utilities Code, Cal. Stat. 1955, c. 1966, provides in part:

"Every common carrier subject to the provisions of this part may transport, free or at reduced rates: "(a) Persons for the United States, . . . . ..... "The commission may permit common carriers to transport property at reduced rates for the United States, state, county...

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