Estes Express Lines v. United States, Civ. A. No. 4821-A.

CourtUnited States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
Writing for the CourtBUTZNER, Circuit , and LEWIS and KELLAM
Citation292 F. Supp. 842
Docket NumberCiv. A. No. 4821-A.
Decision Date13 November 1968
PartiesESTES EXPRESS LINES et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Railway Express Agency, Incorporated, Intervenor Defendant.

292 F. Supp. 842

ESTES EXPRESS LINES et al., Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
and
Railway Express Agency, Incorporated, Intervenor Defendant.

Civ. A. No. 4821-A.

United States District Court E. D. Virginia, Alexandria Division.

Argued October 3, 1968.

Decided November 13, 1968.


Francis W. McInerny, Harry J. Jordan, MacDonald & McInerny, Washington, D. C., Linwood C. Major, Jr., Major, Sage, Vance & King, Alexandria, Va., for plaintiffs.

C. Vernon Spratley, Jr., U. S. Atty., Alexandria, Va., Edwin M. Zimmerman, Asst. Atty. Gen., Gregory B. Hovendon, Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, Raymond M. Zimmet, I. C. C., Washington, D. C., for the I. C. C.

292 F. Supp. 843

H. Merrill Pasco, Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., John C. Ashton, Jr., William H. Marx, New York City, for Railway Express Agency, Inc.

Before BUTZNER, Circuit Judge, and LEWIS and KELLAM, District Judges.

BUTZNER, Circuit Judge:

The plaintiffs, motor carriers, seek to annul orders of the Interstate Commerce Commission granting the Railway Express Agency, Inc., temporary authority to operate as a motor carrier over regular routes transporting general commodities in express service between Washington, D. C., and Richmond, Virginia, including several intermediate off-route points.1 Finding the Commission did not abuse its discretion, we dismiss the complaint.

For many years, REA used the Richmond, Fredericksburg & Potomac Railroad for express shipments between Washington, D. C., and Richmond, Virginia. After receiving notice that the R. F. & P. would discontinue less than carload express shipments over this route, REA applied for "emergency" authority and "temporary" authority under § 210a(a) of the Interstate Commerce Act2 to continue its shipments by truck over highways that generally parallel the R. F. & P.'s tracks. The Commission ex parte allowed REA to operate under emergency authority. Later, the Commission granted REA temporary authority pending determination of its application for a permanent certificate.

In support of its application for emergency and temporary authority, REA filed an affidavit of one of its officers and statements from eleven shippers. In its statement REA alleged that it offers nationwide express service with air, motor, boat, and surface connections, and that the proposed route was a necessary link in this nationwide system. It proposed that inbound traffic arriving at Washington and Richmond throughout the day and night would be accumulated and then transported in the early morning hours in time for same day delivery. Outbound shipments would depart originating points in the afternoon, allowing prompt connection with through trains, trucks, and planes at Washington and Richmond. The statement further alleged that REA had no...

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8 practice notes
  • American Farm Lines v. Black Ball Freight Service Interstate Commerce Commission v. Black Ball Freight Service, Nos. 369
    • United States
    • United States Supreme Court
    • 20 de abril de 1970
    ...259 F.2d 780. We deal here with the grant of temporary authority similar to that granted in Estes Express Lines v. United States, D.C., 292 F.Supp. 842, aff'd, 394 U.S. 718, 89 S.Ct. 1469, 22 L.Ed.2d 673. There the grant of temporary authority was upheld even though there may not have been ......
  • Brink's, Inc. v. U.S., No. 78-1876
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 12 de dezembro de 1979
    ...satisfied by existing interlining carriers; temporary authority for single line carrier affirmed); Estes Express Lines v. United States, 292 F.Supp. 842 (E.D.Va.1968) (3-judge court) (shipper's need for nationwide, connected service supports temporary authority; existence of local interlini......
  • Northern Freight Lines, Inc. v. United States, Civ. A. No. 12699.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 8 de setembro de 1969
    ...nationwide freight operator, subject to all the regulations of ordinary motor vehicles. Ibid; cf. Estes Express Lines v. United States, 292 F.Supp. 842 (E.D.Va.1968). The ICC did not act arbitrarily in treating REA's motor operations, in effect, as an integral part of its express Had the IC......
  • Superior Trucking Company v. United States, No. 12407.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 3 de junho de 1969
    ...under 49 U.S.C. § 310a(a), and on the supporting shippers. Our conclusion is supported by Estes Express Lines v. United States, 292 F.Supp. 842 (E.D. Va., 1968), aff'd, 394 U.S. 718, 89 S.Ct. 1469, 22 L.Ed.2d 673 (1969), per curiam. There the plaintiffs, seeking to annul orders of the Commi......
  • Request a trial to view additional results
8 cases
  • American Farm Lines v. Black Ball Freight Service Interstate Commerce Commission v. Black Ball Freight Service, Nos. 369
    • United States
    • United States Supreme Court
    • 20 de abril de 1970
    ...259 F.2d 780. We deal here with the grant of temporary authority similar to that granted in Estes Express Lines v. United States, D.C., 292 F.Supp. 842, aff'd, 394 U.S. 718, 89 S.Ct. 1469, 22 L.Ed.2d 673. There the grant of temporary authority was upheld even though there may not have been ......
  • Brink's, Inc. v. U.S., No. 78-1876
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 12 de dezembro de 1979
    ...satisfied by existing interlining carriers; temporary authority for single line carrier affirmed); Estes Express Lines v. United States, 292 F.Supp. 842 (E.D.Va.1968) (3-judge court) (shipper's need for nationwide, connected service supports temporary authority; existence of local interlini......
  • Northern Freight Lines, Inc. v. United States, Civ. A. No. 12699.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 8 de setembro de 1969
    ...nationwide freight operator, subject to all the regulations of ordinary motor vehicles. Ibid; cf. Estes Express Lines v. United States, 292 F.Supp. 842 (E.D.Va.1968). The ICC did not act arbitrarily in treating REA's motor operations, in effect, as an integral part of its express Had the IC......
  • Superior Trucking Company v. United States, No. 12407.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 3 de junho de 1969
    ...under 49 U.S.C. § 310a(a), and on the supporting shippers. Our conclusion is supported by Estes Express Lines v. United States, 292 F.Supp. 842 (E.D. Va., 1968), aff'd, 394 U.S. 718, 89 S.Ct. 1469, 22 L.Ed.2d 673 (1969), per curiam. There the plaintiffs, seeking to annul orders of the Commi......
  • Request a trial to view additional results

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