RED BALL MOTOR FREIGHT v. SHANNON

No. 406.

377 U.S. 311 (1964)

RED BALL MOTOR FREIGHT, INC., ET AL. v. SHANNON ET AL., DOING BUSINESS AS E. & R. SHANNON.

Supreme Court of United States.

Decided June 1, 1964.


Attorney(s) appearing for the Case

Amos M. Mathews argued the cause for appellants in No. 406. With him on the briefs were Phillip Robinson, Charles D. Mathews, Roland Rice and John S. Fessenden.

Robert W. Ginnane argued the cause for the United States et al. in No. 421. With him on the brief were Solicitor General Cox, Assistant Attorney General Orrick, Lionel Kestenbaum, Elliott Moyer and Fritz R. Kahn.

Walter C. Wolff, Jr. argued the cause and filed a brief for appellees in both cases.

Briefs of amici curiae, urging reversal, were filed by Robert E. Redding for the Transportation Association of America, by James E. Wilson for the Common Carrier Conference—Irregular Route of the American Trucking Associations, Inc., and by Joseph E. Keller and William H. Borghesani, Jr. for the Private Carrier Conference, Inc.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

The Interstate Commerce Act provides that it is unlawful for any person engaged in a business other than transportation to "transport property by motor vehicle in interstate or foreign commerce for business purposes unless such transportation is within the scope, and in furtherance, of a primary business enterprise (other than transportation) of such person." § 203 (c), 49 U. S. C. § 303 (c).

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