AMERICAN TRUCKING ASSOCIATIONS, INC., ET AL.
v.
ATCHISON, TOPEKA & SANTA FE RAILWAY CO. ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 13 and 17, 1967.
Decided May 29, 1967.
Attorney(s) appearing for the Case
Richard R. Sigmon argued the cause for appellants in Nos. 57 and 59. With him on the brief were Peter T. Beardsley, Harry J. Jordan, R. Edwin Brady, Albert B. Rosenbaum, Bryce Rea, Jr., James E. Wilson, Guy H. Postell, Ferdinand Born, LeGrand A. Carlston, F. H. Lynch, Jr., George S. Dixon, Roland Rice, Homer S. Carpenter and John S. Fessenden. Robert W. Ginnane argued the cause for the United States et al. in No. 60. With him on the brief were Solicitor General Marshall, Assistant Attorney General Turner, Richard A. Posner, Howard E. Shapiro and Fritz R. Kahn.
Thormund A. Miller argued the cause for the Western and Southeastern Railroad appellees. With him on the brief were Amos M. Mathews, J. D. Feeney, Robert F. Munsell and James W. Hoeland. Francis M. Shea argued the cause for appellees Southern Railway Co. et al. With him on the brief were William H. Dempsey, Jr., Walter J. Myskowski, W. Graham Claytor, Jr., and James A. Bistline. Paul R. Duke argued the cause for the Eastern Railroad appellees. With him on the brief were Kemper A. Dobbins and Eugene E. Hunt. D. Robert Thomas argued the cause for the Freight Forwarder appellees. With him on the brief was Giles Morrow.
Supreme Court of United States.
MR. JUSTICE FORTAS delivered the opinion of the Court.
These three cases present the following question: Does the Interstate Commerce Commission have authority to promulgate rules providing (1) that railroads which offer trailer-on-flatcar (TOFC or "piggyback") service to the public under open-tariff publications must make such service available on the same terms to motor and water common and contract carriers, and (2) that...
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