# Tennessee Valley Authority v. United States

> District Court, N.D. Alabama · March 21, 1951 · 96 F. Supp. 409

URL: https://www.frixlaw.com/law-library/cases/9618763

## Case

- **Full name:** TENNESSEE VALLEY AUTHORITY Et Al. v. UNITED STATES Et Al.
- **Court:** District Court, N.D. Alabama
- **Decided:** March 21, 1951
- **Citations:** 96 F. Supp. 409; 1951 U.S. Dist. LEXIS 1932
- **Precedential status:** Published
- **Opinion:** Dissent by Kennamer
- **Judges:** Kennamer, McCord, Lynne
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9618763

## Opinion text

KENNAMER, District Judge
(dissenting).
Rate making in matters of this nature is the function of the Interstate Commerce Commission; and transportation rate making and economics is a complex and *416 difficult problem, requiring the attention of experts, and the results cannot be attained by a mathematical formula applicable to all situations. Nor should this court exact of it a legalistic formalism in its fact findings.
The petitioners allege in their bill of complaint that the defendant Commission’s decision is arbitrary, capricious, without rational basis, and constitutes an abuse of discretion; that the increased charges discriminate against water carriers and deprive shippers of the inherent advantages of barge transportation, in that the differential between ex-barge and ex-rail charges -is riot justified .by any evidence in the record.
The evidence before this court 'is to the contrary. The Commission conducted full and fair hearings on the petition for suspension of the proposed increased charge. Voluminous evidence was taken; including the testimony of experts and transportation cost analysts, submitted by protesting petitioners, respondent carriers, and other interested parties. Witnesses, pro and con, were examined and cross examined. Exhibits were introduced by all parties who desired to do so, and briefs were submitted and considered. The record made at these hearings embraces 345 pages of testimony, together with 33 exhibits.
By the Transportation Act of 1940, it is as much the duty of the Interstate Commerce Commission to recognize and preserve the inherent advantages of rail as well as barge transportation. Here there was a conflict between the two, and the Commission, acting within the ambit of its statutory sanction, had to reconcile the conflict so as to establish and maintain reasonable charges for rail transportation services, without unjust discrimination, preferences or advantages.
There was competent and ample evidence before the Commission to sustain its order. Under these circumstances,. the judgment of the Commission should not be disturbed by this court. ■ '
The relief prayed for in the bill of complaint should be denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9618763. Public record. Not legal advice.