Attorney(s) appearing for the Case
Earl E. Pollock argued the cause for appellants in No. 72-214. With him on the briefs were William F. Cottrell and Christopher A. Mills. Betty Jo Christian argued the cause for appellant in No. 72-433. With her on the briefs were Fritz R. Kahn and Hanford O'Hara.
Daniel J. Sweeney argued the cause for Wichita Board of Trade et al., appellees in both cases. With him on the brief was Harold E. Spencer. William A. Imhof argued the cause for the Secretary of Agriculture. With him on the brief were John A. Knebel, Harold M. Carter, and Kenneth H. Vail.
Solicitor General Griswold, Assistant Attorney General Kauper, Keith A. Jones, and Howard E. Shapiro filed a memorandum for the United States.
Supreme Court of United States.
MR. JUSTICE MARSHALL, in an opinion joined by THE CHIEF JUSTICE, MR. JUSTICE STEWART, and MR. JUSTICE BLACKMUN, concluded that:
1. The ICC, which justified its departure from its prior cases on the ground that the many rates involved rendered the previous requirement impractical and the new charges when added to the line-haul rates would not exceed the ICC-prescribed maximum rate level, has not stated its reasons with sufficient clarity to facilitate proper judicial...
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