RAILROAD COM'N OF TEXAS v. SOUTHERN PACIFIC TRANSPORT

No. 9084.

649 S.W.2d 713 (1983)

RAILROAD COMMISSION OF TEXAS, et al., Appellants, v. SOUTHERN PACIFIC TRANSPORT COMPANY OF TEXAS AND LOUISIANA, Southwestern Transportation Company, and The Common Carrier Motor Freight Association, Inc., Appellees.

Court of Appeals of Texas, Texarkana.

March 15, 1983.


Attorney(s) appearing for the Case

Phyllis B. Schunck, Asst. Atty. Gen., Austin, Ralph W. Currie, Dallas, for appellants.

Frank C. Brooks, Brooks & Brooks, Dallas, Lloyd M. Roach, Tyler, for appellees.


CORNELIUS, Chief Justice.

In this case we must decide if the Texas Railroad Commission may lawfully devise a regulatory scheme for common carrier motor carriers setting uniform rates based on operating costs and revenue requirements of a representative sample of the carriers, even though the rates may be noncompensatory to some of the carriers because of their higher costs of doing business. We answer the question in the affirmative and reverse the judgment of the...

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