# Appendix — Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0357%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1974 - **Citation:** 416 U.S. 966 ## Text (1) 49 United States Code Annotated, pre- ceding €1 pote, §301 note, §901 note, anc $100! note. NATIONAD. TRANSPORTATION. POLICY yr Ye is hereby ceelared to be the national trans- portation poliey of the Congress to provide for fair and imnartia? regulation of all modes of transportation ‘oO recomnize ane preserve the inherent advantages of each; to promote safe, acenuate, economical, and ef- ’ “cient service and foster sound economic conditions in transnortation and among the several carriers; to en- courage Th@establishment and maintenance of reason- able charves for transportation services, without un- just discriminations, undue oreferences or advantages, or unfair or Cestructive competitive practices; to co- operate with the several States and the duly authorized officials thereof; snd to encourege fair wages and eanitable working conditions;—al! to the end of de- veloping, cnordinating, and preserving a national trans- portation system by water, highway, and rail, as well as other meens, adequate to meet the needs of the com- merce of the United States, of the Pestal Service, and of the national defense. All of the provisions of this Act shall be administered and enforced with a view to carrying out the above dec'uration of nolicy. 93 a (2) 4S United States Code Annotated, Sections 17(4) and (5) Powers of divisions, boards, etc.; eNect of-ordura, ete. a. A division, an individua, Commiss.cner, OF & DONG SHALL hove Suthoraty to near and Getermine, oruer, ceriucy, report, or CogIrwvise Sct as tO Any Work, vusiness, or ee Sass Lemed OF Celerrea inwre- to uncer the provisions Of this section, ard With ak ect paetes@ Shas pee au the jurisdict.on and oowers COniesred OY jaw upon the Com- mags.on, ANG ve subject to the Same Guties and oofations. Tne Seca and seal of the Commission shail be tne secretary anG seas of each aivision, indiv.duas Ce Mmmissioner, or Foard. Lxeent as oih- enwise psovided in this section, any order, aecision, or requirement Sa Givssion, an undivicua, Comsaussioner, or a board, with respect to any Matter so assigned or reierred, sh val have tne same force and eZect, and may be made and evidenced in the same manner as if Méce oF tanen by the Commission. Findings, cte., of Comminaivoner or board; acconipanying statement and recommended order; copicn to paurtieos; exceptions; recommended order Gs Combiissivn’s order (5) any finding, report, or requirement of an incividguais Commis- Sioner or board, With respect to any Inatter so assigned or referred LVoiving the taking of testimony at a pud.ic hearing, shail de ac- companied by a statement in writin,s of the reasons therefor, io- gether with a recommended order, which shall be fied with the Com- mission. Copfes thereof shall be served upon interested parties (in- c:-ting, in proceedings under chap‘er 8 of ue title e, persons spec:- fed in section 305(e) of this title), who may Ale exceptions there- to, but if within twenty days after service upon such persons, or within sech further period as the Commiss:on or a culy Cesignatec division thereof may authorize, no exceptions shail have been fied, sech recommended order shal] hecome the orcer of the Commission nd become effective uniess within such ve sviod the order shai. save been stayed or postpened by the Commission or by a Guly cesignated Givision thereof. The Commission, or a duly cesignated Givisién thereo, upon its own motion may, and where exceptions are filed it snall, reconsider the matter either upon the same record or after further hearing, and such recommenced order shail thereupen be stayed or postponed pending final determination thereot. 94 _ Ww ~~ Dh wo 9 United States Code Annotated, Sections 307la) and (b), § 307. — Issunnee of certificnte—Fssuance nuthorlzed to quall- fied applicants for regular routes and between fixec termini (a) Subsect to section 310 of this title, a certificate shall de fs sue@ to any qualifed apniicant therefor, authorizing the Whole or any part of the operations covered by the spriiention, if it is founs that the applicant is ft, willing, ane able prorer'’y to perferm the cervice proposed and to conform to the rrovisions of this chapter nna he re’ tremercs, mite ound remintions of the Commission thereunder, and that the pruvosed service, to the extent to de au: thorized by the certifie:te, is or will be renttired by the present or future public convenience and necessity; otherwise such apnlica- ‘lon shall be denied: Provided, however, That no such certificate shall be issued to any common carrier of rassengers by motor Vv: an hicle for onerctions over other than a regular route or routes, ar? a between fixed termini, except as such carricrs may be authorizec to engage in special or clarter operations. Certificate not to confer proprietary or property rights ia highway (b) No certificate issued under this chanter shat! confer any pro- prictary or property rights in the use of the public highways. Feb. A, 1867, ¢, 194, Pt. TY, $ 207, as added Ane, & 1985, ¢. 498, $9 Stat. O51. 99 Wig hseriiome not (4) 5 United States Code Annotated, Sections 556, 557 and 766. § 556. Mearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of de- cision (a) This section applies, according to the provisions thercof, to hearings required by section 553 or 554 of this title to be conducted in accordance with this section. {(b) There shail preside at the taking of evidence— (1) the agency; : (2) one or more members of the body which comprises the agency; or (3) one or more hearing examiners appointed under section 3105 of this title This subchapter does not supersede the conduct of specified c!asses of proceedings, in whole or in part, by or before boards or other em- ployees specially provided for by or designated under statute. The functions of presiding employees and of employees participating in decisions in accorcance with section 557 of this title shall be cen- ducted in an impartial manner. A presiding or participating em- Pioyee may at any time disqualify himself. On the filing in good faith of a timely and sufficient affidavi: of persona! bias er ether disqualification of a presiding or participa ting employee, the agency sill determine the matter cs a part of the record and decisien in the case. (c) Subject to published rules of the agency and within its powers, employees presiding at hearings may— (1) administer oaths and affirmations; (2) issue subpenas authorized by law; (3) rule on offers of proof and receive relevant evidence; (4) take depositions or have depositions taken when the ends of justice would be served; (5) regulate the course of the hearing; (6) hold conferences for the settlement or simplication of the igsues by comsent of the parties; 96 (7) dispose of procedural requests or similar matters; (3) make or recommend decisions in accordance with section 557 of this title; and (9) take other action authorized by agency rule consistent with this subcnayter. (d, Except as otherwise provided by statute, the proponent ofa rule or order has the burden of proof. Any oral or documentary évi- -conce May be received, but the agency as 4 matter of policy shall r ovide for the exciusion of irrelevant, immaterial, or unduly repeti- gus evidence. A sanction may not be imposed or rule or order icged except on consideration of the whole record or those parts Wo reuf eited by a party and supported Ly and in accordance with the rile, probative, and substantial evidence. A party is entitled tiesciet his Case or defense by oral or documentary evidence, to cain trebuttal evidence, and to conduct such c:oss-examination as ~ ay be required for a ful! and true disclosure of the facts. In rule maxing or determining claims for moncy or benefits or applications ‘orinitia! licenses an agency may, when a party will not be prejudiced vareby, adopt procedures for the submission of all or part of the Qvicence In written form. (c) The transcript of testimony anc exhibits, together with all rapers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 of this title and, on paynient of lawfully prescribed costs, shali de made available to the parties. When an agency decision rests on official notice of a ~ terial facet not appearing in the evidence in the record, a party is cutled, on timely request, to an opportunity to show the contrary. Pub.L. 89-554, Sept. 6, 1906, 80 Stat. 336. § 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; rec. ord (a) This section applies, according to the provisions thereof, when a hearing {a required to be conducted in accordance with section 556 of this title. (>) When the agency did not preside at the reception of the evi- dence, the presiding employee or, in cases not subject to section 554 (ad) of this title, an employee qualified to preside at hearings pursu- ant to section 556 of this title, shall initially decide the case unless the agency rcquires, either in snecific cases or by gencra! rule, the entire record to be certifice to it for decision. When the presiding ts ee LE a -_ s é é J employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appea! from or review of the initia! decision, the agency has a!! the powers which it wou'd have in making the initial ceci- sion except as it may !imit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shal! first recommend a decision, excent that in rule making or determining applications fer initial iicenses— (1) instead thereof the agency may issue a tentative decision or one of its responsible employees may recommend a decision; or (2) this procedure may be omitted in a case im which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires. . (c) Before a recommended, initial, or tentative decision, or a deci- sion on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the con- sideration of the employees participating in the decisions— (1) proposed findings anc conclusions; or (2) exceptions to the decisions or recommended decisions of subordinate cmp!oyees or to tentative agency decisions; and (3) supporting reasons for the exceptions or proposed find- ings or conclusions. The record shal! show the ruling on ench finding, conclusion, or exception presented, All decisions, inclucing initia’, recommended, and tentative decisions, are a part of the record and shall inelude a tintement of - (A) Slaton and conclusions, and the reasons or basis there- for, on ntl the material issues of fact, law, or diserction presented on the records; and _ (33) the appropriate rule, order, sanction, relief, or denial thereoé, Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 387. 98 § 706. Scope of review Jo the extent necessary to decision and when presented, the re- cen court shall decide al relevant questions of law, interpret cohetetateOnal ata StlU Ory provisions, and determine the meaning woisty of the terms of an agency action. The reviewing 1) compel agency action unlawfully withheld or unreasonibly delayed: and 9, joid untawful and set aside agency action, findings, and conclusions ound to Le— A) arbitrery, capricious, an abuse of discretion, or other- Wise not in accordance with law; ‘B) contrary to constitutional right, power, privilege, or immunity; C) in exeess of statutory jurisdiction, authority, or limi- tations, or short of statutory right; .D) without observance of procedure required by law; LE) unsupcorted by substantial evidcnee in a case subject lo sect.uns 530 at.d 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (FP) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foicvoing determinations, the court shall review the whole record or thove parts of it citec by, a party, and due account all be taken of the rule of prejudicia! error. Pub.L. 89-554, Sept. 0, 1960, $0 Stat. 393. 99 (5) 28 United States Code Annotated, Sections 2284 (1) and (5) . § 2284, Three-judge district court; composition; procedure ~JIn any action or proceeding required by Act of Congress to be heard and determined by a district court of three Judges the compo- sition and procedure of the court, except as otherwire provided by law, shall be as follows: (1) The district judge to whom the application for injunction or other relief is presented sha!l constitute one member of such court. On the filing of the application, he shall immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. Such judges shal! serve as members of the court to hear and determine the action or pro- ceeding. (6) Any one of the three judges of the court mny perform a!! functions, conduct a!! proceedings except the trial, and enter a!! or- ders required or permitted by the rules of civi! procedure, A single Judyve shall not appoint a master or order a reference, or hear and determine any application for an interlocutory injunction or motion to vacate the same, or dismiss the action, or enter a summary or final judgement. The action of a single judyve shall be reviewable by the full court ut any time before final hearing. A district court of three judyes shal!, before fina! hearing, stay any action pending therein to enjoin, suspend or restrain the enforcement or execution of a State statute or order thereunder, whenever it appears that a State court of competent jurisdiction has starved pro ceedings under such statute or order pending the determination in such Stute court of an action to enforce the same. If the action in che State court is not prosecuted diligently and in good faith, the district court of three judges may vacate its stay after hearing upon ten days notice served upon the attorney general of the State. June 25, 1948, c. 646, 62 Stat. 968; June 11, 1960, Pub.L. 86-507, § 1419), 74 Stat. 201. 100 SAAS LAE LLANE LETS a % APPENDIX B Report and Order of the Interstate Commerce Commission in Herrin Transportation Company, Extension - Atlanta, Georgia, served January 24, 1972, 114 M.C.C. 571 ' OM IP | EDIE LIE CAD Vie PAA Bie ERLE LE AALIYAH LF A: LL, A aE ALE PBL AI AA LALA BME ie Served January $4, 1972 — $$$ ———————————___________—__—__ — * M-12267 INTERSTATE COMMERCE COMMISSION No. MC-1124 (SuB-No 206) HERRIN TRANSPORTATION COMPANY EXTENSION-— ATLANTA, GA.’ —— Decided December 30 1971 | In No. MC-2229 (Sub-No 132). public convenience and necessity found to require operation by applicant as a common carrier by motor vehicie of general commodities. with exceptions, over a system of described routes extending (1) be- tween Atlanta, Ga, and Texarkana. Ark. (2) between Jackson. Miss. and Atlanta. Ga.. and (3) between Meridian. Miss., and Tuscaloosa. Ala, subject to a restric: tion and certain conditions. Issuance of a certificate approved upon compliance by applicant with certain conditions. and application in all other respects denied 2. In No. MC-94201 (Sub-No. 56). public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle of gener commodities. with exceptions. over a system of described routes gencrally extending (1) between Mobile, Ala. and Houstos. Tex. (2) between Poplarville, Miss., and Baton Rouge. La. (3) between Montgomery, Ala. and the junction of US. Highways 1) and 80 and Interstate Highway 59, (4) between Tuscaioosa, Ala. and Fort Worth. Tex; (5) between Memphis, Tenn., and Topeka, Kans . (6) between Memphis, Tenn., and Little Rock. Ark. (7) between West Memphis. Ark. and Little Rock. Ark.. (8) between Little Rock, Ark . and Greenviiic. Miss; (9) between Houston. Tex., and Dallas. Tex and (10) between Little Rock. Ark, and Texarkana. Tex., subject to a condition and certain restrictions. Issuance of a certificate approved upon compliance by applicant with certain condiions. and application in all other respects denied 3. In No. MC-106401 (Sub-No 18). public convenience and necess ty tound to require operation by applicant as a common carrier by motor vehicle of general commodities, with exceptions, over a system of described routes. extending (1 )be- tween Atlanta. Ga. and Fort Worth. Tex: (2) between New Orleans. L3., and Houston. Tex. and (3) between Montgomery Ala. aid the junction of US Highways 11 and 80 near Cuba Ala. subject in parts +) and (2) to certain restrictions Issuance of a certificate approved upon compliance by applicant with certain conditions. and application in all other respects denied This report also embraces the exght applications deniified in appencis Vi “his report In the absence of exceptions. the recommended wrces with respect to tne applicution of Roadway Express [nc in No MC-2202 (Sub-No. 279), became effective hy operaion of law By order entered Decemme: |. (969. McLean Trucking Company «as substitued as appicant ¢ No MC 1124 (Sub-No 26) in heu cf Herrin Transportation Company Retitled McLean Trucking Compars Extension-Atlanta, Ga N4MCcc Sty BRERA ee | = S72 INTERSTATE COMMERCE COMMISSION REPORTS 4. In Nos. MC-1124 (Sub-No. 206), MC-11207 (Sub-No. 233). MC-IS988 (Sub-No 36), MC-S9680 (Sub-No. 147). MC-76177 (Sub-No. 304). and MC-11!231 (Sub- No. 67), publx convenience and necessity found not shown to require the operations proposed Applications denied Maurice F. Bishop, James B. Blair, WW. T. Brunson, John P. Carleton, William A. Chestnutt, R. W. Collinsworth, David Crockett, Donald E. Cross, Douglas Faris, Leroy Hallman, William P. Jackson. Jr.. Claude N. Knox, A. Alvis Layne. William E. Livingstone 111. Donald B. Lockridge. Emmet McCatferyv. Kim D. Mann, Charles D. Matthews, Carl L. Phinney. Jerry C. Prestridge, Ralph W. Pulley, Jr. Robert S. Richard, Harry G. Silleck. IJr., Thomas G. Sloan, Samuel W. Taylor. and William O. Turney for applicants, and for certain of the applicants as Protaerets to other applications. es rH A ik ¥ Se _ = x me 8 z Lie he M. Ward Bailey, Richard A. Bishop, iennox O. Bdvies. Homer S. Carpenter, Drew L. Carraway. James N. Clay HI Morris G. Cobb. John A. Crawford, Paul M. Daniell, Lewis B. Doggett. S. Earl Dove. _ James H. Epps Ill, Dan Felts, John S. Fessenden. Charles L. Ford, P Jr.. Robert W. Gerson, Charles O. Gillogly. Richard M. Gleason. Wentworth E. Griffin, Stephen L. Grossman, W. F. Goodwin, G. F. Gunn, Jr, Harold G. Hernly, Harold G. Hernly, Jr.. John C. Henderson, Clifford E. Hillerty, Rollo E. Kidweil. B. W. Latourette, Jr, Leon E. Ledford, W. C. Mauldin, J. E. May, Harold D. Miller, Jr... James W. Nisbet, V. R. Oldenburg. Guy H. Postel, Sol H. Proctor, John M. Records, Lee Reeder, R. J. Reynolds. Jr.. - R. J. Reynolds Ill, Lloyd M. Roach, Phillip Robinson. Clifford E. , Sanders, John Schwab, Alan E. Serby, Keith Y. Sharpe. S. E. Somers, Jr.. Mert Starnes, Phineas Stevens, F. T. Stroud, Robert E. Tate, Frank W" Taylor, Jr. protestants. Winston M. Haythe, Courts Oulahan, and Charles §. Rhyne for interveners in support of the application in No. MC-106401.(Sub- No. 18). yi eplgee ihgae , Eugene K. Walburn, and Ed White for . REPORT OF THE COMMISSION Division 1, Coumeens MURPHY. DEASON. AND GRESHAM The examiners recommended that the application of Floyd & Beasley Transfer Company. Inc. be demed. Although this applicant did not take exceptions to this recommendation. it was Presented from becoming effective by operation of law since the exceptions of other partes nominally embraced this proceeding. This application will be disposed ot in our findings and order herein. but without further discussion 192 | Name HERRIN TRANSP CO EXTENSION ATLANTA. GA S73 Di vson Commiystoner These proceedings involve eight applications by the same number ot motor common carriers to extend their general commodities operations to points generally in that portion of the United States west of Atlanta. Ga., Birmingham, Ala., and Pensacola, Fla. and east of Houston. Dallas. and Fort Worth. Tex. Bowman Transporta- tion, Inc.. seeks to extend its operation. in addition to points in the above-described area. to Topeka. Kans.. and to Kj —tty V1 O.- Kansas City. Kans. The authority sought in eacpApplication ts fully described in appendix A to this report With the exception of Deaton. Inc. (which requests irregujar-royte authority), each applicant has applied for regular-route authority which tt proposes to join with the authority it presently holds. Generally speaking. four southwestern carriers (namely. Herrin, Red Ball, Strickland, and Jones) seek to extend their operations to Birmingham and Atlanta. while four southern carriers (viz. Deaton, Baggett. Bowman, and Johnson) would extend their authorized services to the Southwest. The numerous motor carriers described in appendix B oppose the applications. . These applications were heard on a consolidated record, involve what is perhaps the most extensive record ever developed in connection with a single group of motor carrier application proceedings before this Commission, and were the subject of a single report and recommended order by two examiners. The examiners recommended that all of the applications be denied. Exceptions to the order recommended by the examiners were tiled by all of the applicants, except Roadway Express, Inc., and Floyd & Beasley Transfer Company, Inc. Exceptions were also filee by a number of shippers’ intervening in support of the applicsrion of Johnson Motor Lines, Inc. Both the exceptions of Johnson Motor Lines, Inc., and the intervening shippers embrace a request for oral argument. Additionally, “conditional” exceptions were filed jointiy by Campbell Sixty-Six Express, Inc.. and Gordons TAnsports, Inc., protestants. Those protestants described in appendix C submitted replies to applicants’ and interveners’ exceptions.© Johnson Motor Lines, Inc., filed a reply to the above-described “conditional” exceptions and to the exceptions of other applicants: while Bowman By order entered March 30. 1970, 41 named petitioners were permitted to intervene iF No MC-10641 (Sub-Ne 1&8) Johnson Motor Lines. Inc. Eversion—Dallas. Tex aith the right to appear and participate i ail further proceedings therein and thew jointly fled tendered exceptions were accepted .or fing As noted inappend.r’ tre reply Dy ETA WAC Transportation Company to the exceptions of appheants in Nos MO7*! >> (Sul-No 308) and MC-93201 (Sub-No $6! was tendercd late HAM? a ae | PRET S74 INTERSTATE COMMERCE COMMISSION REPORTS Transportation, Inc., has tendered a late reply to the exceptions of Gordons Transports, Inc. Our conclusions differ in three of the embraced proceedings from those recommended by the examiners. The parties will sometimes hereinafter be referred to by appropriate short titles. PLEADINGS The contentions of the parties which filed the numerous exceptions and replies are set forth in appendix D. In general, of the eight applicants filing exceptions, two (Deaton and Baggett) filed “conditional” exceptions stating that a grant of their applications would be a necessary corollary to a grant of any of the other applications. They wish to avoid a Situation in which their applications would stand finally denied while one or more of the other consolidated applications are pending tinal decision. Another applicant (Jones) asserts that it should receive at least a partial grant of authority since the record allegedly demonstrates a need for additional service on commodities requiring refrigeration, and it is willing to accept a restriction against the transportation of traffic between Atlanta and Dallas which does not require temperature- controlled trailers. Applicant Bowman maintains that it should be granted the authority sought, or in the alternative (inasmuch as its proposal is divisible), that it should be granted authority to serve 10 named Mississippi points, Topeka and Kansas City, Kans., and Springfield, Carthage, and Kansas City, Mo. The remaining applicants (Herrin.” Johnson. Red Ball, and Strickland) contend generally that they should be authorized to provide the services as proposed.’ Collectively, applicants except to the basic approach taken by the examiners in assertedly considering those applications on the erroneous concept that either all must be granted or all must be denied. It is averred that the examiners should have evaluated, and made findings and conclusions relating to, each application as a separate and independent matter; and that the supporting testimony should not be treated only in relation to the commodities shipped to the substantial exclusion of the territories and points involved. The intervening shippers, in general, maintain that an affirmance of the examiners’ report would result in a monopoly, contrary to the As noted :9 footnote | in appendix A. Herrin has been merged into McLean Trucking Company Although the latter has been substituted as applicant herein. the former's name will be used for the sake of continuity of discussion. Its nored inat Red Ball Indicates a willingness to have “Performance Report’ conditions imposed or any grant of authority to it H4anMecc 124 HEKRIN TRANSP CQO BNXTENSION -ATL SNTA GA Sus interests of business in the area served or proposed to be served by Johnson. In their yointly filed “conditional” exceptions Campbell and Gordons represent that the appheations of Bowman, Baggett, Johnson, Red Ball, and Jones present problems with respect to the oinder of regular- and irregular-route sery ice, and that the proposal ot Bowman 1s administratively undesirable Pecause of contusing restrictive amendments. Protestants. replying to appheants and interseners) excephons. maintain generally that the tindings and recommendations of the evaminers are fully supported by the evidence and should be alfirmed. In separate replies to the jointly filed “conditional” exceptions of Campbeil and Gordons. Johnson asserts that these carners: contentions regarding joinder problems are without merit, and Bowman submits that its propused restactions are acceptable and that. inasmuch as it has applied for appropriate authority to convert its edistiog irregular-route authority, the issue ot joinder problems 1s moot as to ie The evidence, the recommendations of the hearing examincrs, and the pleadings have been considered. Inasmuch as no exceprnion 1. taken to the examiners summary of the evidence presc ated by the protestants as to their authorities, equipment, and operations, this portion of the examiners: report ts hereby adopted and is set orth in appendix G to this report PRELIMINARY MATLIERS Johnson and the shippers intervening in support of its ar. leation request oral argument. citing the complexity of the ca ond ‘ts importance in terms of public interest as reasons. In rep’) to these requests, certain protestants’ submit’ that the issues ore not complicated and relate principally toa question of fact. ns that the request for oral arguinent should therefore be demed [no .much as the parties seeking oral argument have not shown either that it is required or thet aw would be beneficial in reaching our determination in these proceedings. this request 1s heret y tenied. ‘In a report andr commend. * ordes in Ne MO 4320) (Sub-No RAy served 8 coh 29 197% which became etter cc Ss. peratose ot Naw om NG nh a Bowness appa sccaang he conversion of ts urp gulae route sarmore sy rts serait ees No MO Gad ane ME S200 (Sud Nos US ands?) aaspr med Acer: ate authoring oe Sorresp. ating os vt ve rations was sued . ¥7 > Rowmans icad decker cumbPce Mercury act bast Tesas heir ont reply to tre exceptions eh appucsas A *e scuppers. and Akt yrasweth Camphei Gordons, Roadways TEM EE Trooss ace Ww therm youn? reply te ces ee epheanm et Jenne. a maMcc 105 INTERSTATE COMMERCE COMMISSION REPORTS The joint reply filed by certain protestants to Bowmans exceptions contains a renewed motion to strike append'xes A and B to exhibit 1985 on the grounds that such evidence represents improper rebuttal evidence and that the method of its preparation makes the data unreliable. We agree with the examiners tinding that the challenged appendixes constitute proper rebutta! to information and transit time studies presented 5s) protestani Wilh respect to certain of Bowman's interline services. We also concur in the examiners conclusion that the objection as to the method ot preparation of the questioned appendixes goes to their weight and not their admissibility. The examiners’ ruling 1s hereby sustained The replies of applicant Bowman and protestant ET & WNC were both filed | day after the due date. Inasmuch as no party has been prejudiced by that delay and because their positions are entitled to full consideration in this decision. those late-tendered replies are hereby accepted for filing. As indicated in appendix D. certain protestants request that official notice be taken of specified motor carner changes. in the involved area, that have been approved and authorized by this Commission since the close of these hearings in August 1967. We may take official notice of our action in other proceedings which bear maternally upon the issues under immediate consideration. West Brothers, Inc., Extension—Baton Rouge, La.. \Q2 ICC 488, 489 (1969). and Avers Extension—Chevenne, Wvo.. 99 M.C.C. 798, 797 (1965). Accordingly. the actions affecting protestants have been noted in appendix G and those actions affecting carriers not parties’ to this proceeding, although not specified in detail in this report. have nevertheless been accorded tull and caretul consideration in our present determinations The tnierveners in support of Johnson's application in No. MC- 106401 (Sub-No. 18) and applicant Bowman in No. MC-94201 (Sub- No. 56) have separately filed petitions requesting leave to supplement their exceptions, embracing tendered suppiemental exceptions. A number: of protestants have replied to these petitions. and request an opportunity to reply to the supplemental exceptions should they be accepted for filing. Petitioners seek the acceptance Roadway West Transcon Hollowas TIME. Consolidated. Akers. Yellow Freight. and Braswell Bei! Transier Company. Inc. Interstate Motor Freight Svstem. Bestway Fapress ing Dean Truck Line. Inc. England Transpertatnion Company. Inc. Sara Motor Frengh: Lies tn. and Terminal Transpors Co. Inc : Rephes to the pertion in No MC i0MdG, Sub No Ds were tied jointly hy Mercury ant t ost Texas. separately by Ryder jointly bs Akers Braswes! Camprelii Gordons Ro scwuy bapress mn Inc . Roadway Express of Mississippi Ing TIME and Transcon A repis te Roth pet trons eas filed by Jack Coie -Dixsee Highway Company while Mgrgury Preigh: Cices dnc and Bas: Texas filed a joint cepiy to Bowmanys pention 9 No M Sub Nov. se tet oor =~ HERRIN TKANSP CO ENTENSION ATE ANTA Gt tor tiling of their supplemental exceptions on the grounds that certain economic pronouncements have urged that regulatory agencies should consider competition as 4 “critical factor” when performing their adjudicative functions. and that certain recent court and Commission decisions should be considered in determining the issues here invo'sed. General’. protestants reply that this Commission's Genera! Rules of Practice do not permit the tiling of supplemental exceptions: that the economic pronunce- nrents are immaterial and irrelevant. and that, for the most part. the decisions cited were available when the original exceptions were filed. As pointed out by certain protestants. an earlier petition of several of the opposing parties to reoper this proceeding to submit evidence of authorities granted since the hearing was denied on the grounds that the examiners would take official notice of any Commussion action and ‘hat no usetul purpose would be served by adding these pleadings to tis already voluminous record. Whereas we catll take official notice ot all pertinent evidence and Commission decisions. we see no reason fo prolong the disposition of this proceeding and. therefore. the petitions will be denied and the tendered supplemental eaceprons will be rejected. APPLICANTS EXNIDENCE Herrin holds regular- and irregular-reute motor common —arrier authority to transport general commodities in an area bounded generally on the north by Little Rock. Ark.. Memphis. Te.-n.. and Atlanta. Ga.. on the south by Houston, New Orleans. Le. ane Pensacola and Jacksenville. Fla, on the west by Fort Wort? Jallas. and Waco. Tex.. and on the east by Savannah. Ga. Its auinorzed routes. which include service to numerous intermedi'e points. extend between (1) Houston and New Orleans through Orange. Tex. £2) Houston and Dallas-Fort Worth: (3) Houston anc Waco, (4) Dallas and New Orleans through Lufkin, Tex., and Dc Ridder. La. (8) Dallas and Monroe, La. through Shreveport La. 16; Shreveport and New Orleans through Alexandria, La. (7) New Orleans and Baton Rouge. La.. (8) ShreVepori and Memphis through El Dorado. Ark. (9) Et Dorade and Liuile Rock. and (iQ) New Orleans and Jacksonville. through Crestview. Marianna. Taliahassee. Pensacota. and Lake City. Fla. and numerous points in south Georgia. including Macon. Savannah. Valdosta, Thomasy tite. and Wavcross. ria Mc 10°7 ee >A SRE AAA NTRS as eS NS a St. Lae eee ae ey FN a Sekt) ripe 4 2 healt Wels a le iin Be S78 INTERSTATE COMMERCE COMMISSION REPORTS Herrin’s routes into Macon and Savannah extend along US. Highway 80 through Jackson, Miss., Montgomery. Ala. and Columbus, Ga.. which points are traversed for operating convenience only. It operates between Memphis and Jacksonville, traversing (for operating convenience only) Tupelo. Miss.. Birmingham, and Columbus. Herrin also holds authority to operate between Macon and Atlanta. limited to traffic nroving to, from, or through Monroe, New Orleans, Baton Rouge. and Memphis. and further restricted against the transportation of traffic moving between Little Rock and Memphis, and their respective commercial zones, on the one hand, and. on the other, Atlanta and its commercial zone. Applicant has been granted alternate-route authority generally over Interstate Highways 85 and 20 and US. Highway 78 to and from Atlanta which eliminates the necessity of observing the Macon gateway on Atlanta Traffic.'' This alternate- route authority is restricted to the transportation of shipments moving to, from, or through Monroe. Baton Rouge, or New Orleans. It now operates to or through Birmingham, Mobile. and Montgomery, Ala.. Jackson, Columbus, Atlanta, and Pensacola. The last two points are service ccints. Herrin maintains terminals at Houston. Beaumon:. Dallas. and Waco, Tex.. Shreveport. Lake Charles, Lafayette, New Orleans, Baton Rouge, and Alexandria, La; El Dorado; Memphis: and Jacksonville. Commission agency stations are maintained at Houma, Abbeyville, and Monroe, La.; Macon, Savannah, and Waycross, Ga; and Pensacola If its application is granted, it will establish terminals at Atlanta, Columbus, Birmingham, Mobile. Montgomery, and Jackson. Additionally, it will reestablish a terminal at Little Rock. Herrin operates 252 tractors (including 5 sleeper cabs), 441 trailers, and 225 trucks. It would add 41 tractors. 80 trailers, and 67 trucks to its fleet upon approval of this application. By this application, Herrin seeks (1) to serve Birmingham. Mobile. Montgomery. Columbus, and Jackson as intermediate points on its presently authorized routes; (2) to remove the restriction on service at Pensacola to traffic moving through New Orleans: (3) to operate over all feasible routes between the territory it now serves, on the one hand, and, on the other, Atlanta: and (4) to remove the restriction against the transportation of traffic between Memphis and Little Rock. on the one hand, and, on the other, Atlanta See cermiicate No MC-31389 (Sub No 119) issued March 19. 1970 e 108 H4uMCC SAA LOLS ROE IOI HERRIN TRANSP CO EXTENSION—ATLANTA GA S79 Herrin introduced proposed operating schedules between Dallas, — Houston, New Orleans, Memphis, Baton Rouge, and Shreveport, on © the one hand. and. on the other, Atlanta, Birmingham, Columbus, Mobile. Montgomery, Jackson, and Pensacola. The schedules are based on a41-mile per hour average running time. To illustrate, be- tween Dallas and Atlanta (815 Herrin operating miles) and between: Houston and Atlanta (813 operating miles), Herrin proposes first- afternoon service on volume traific and second- morning delivery on less-than-truckload (LTL) traffic, with vehicle running times of 19 hours and SS minutes. and 19 hours and 49 minutes, respectively. On volume shipments, it proposes first-morning service between Birmingham, Dallas. and Houston: first-afternoon between Columbus. Dallas. and Houston; tirst-afternoon between Dallas and Mobile. first- morning between Houston and Mobile, first-afternoon between Montgomery. Dallas, and Houston, and first-morning serv- ice between Jackson. Dallas. and Houston. On LTL traffic, Herrin - proposes first-afternoon service between Birmingham, on the one” hand. and. on the other, Dallas and Houston, second- morning be- tween Columbus, on the one hand, and, on the other, Dallas and Houston: first-afternoon between Mobile and Dallas. first- morning between Mobile and Houston, second-morning between Montgomery and Dallas. and first-afternoon between Montgomery and Houston; and first-morning between Jackson, on the one hand, ang, on the other, Dallas and Houston. Between Atlanta, Birmingham, Columbus, Mobile, and Montgomery, on the one hand, and. on the other, New Orleans and Memphis, Herrin would offer first- morning service on truckload shipments. Applicant proposes the same service on LTL shipments between those points, except between Atlanta and New Orleans.which will be first-afternoon, First-morning service is proposed on both truckload and LTL traffic between Pensacola and New Orleans and first-morning service would be provided between Atlanta, Birmingham. Columbus, Mobile. and Montgomery. on the one hand. and, on the other, Baton Rouge and Shreveport. on both LTL and truckload shipments, with the exception that service between Atlanta and Shreveport on LTL traffic will be second-morning. Points in Texas and Louisiana served by Herria and not specitically named would receive !|-day later serv- ice Han Movements to er from New Orleans on LTL. The proposed schedules on -volume shipments would be the same to other Louisiana and Texas points as that to and from Houston. The Arkansas points served by Herrin and not named specifically would be served | day later than Memphis on LTL and the same as N4MCC 40aa yor coe a * . Bader . " . orth Ss GO 0b BOE Pe alae es HERRIN FRANSP CO ENTENSION—-ATLANTA. GA S98 Tenaessee are located at Chattanooga. while 5 have facilities at Memphis and | at each of Murfreesboro and Nashville. Two of the five Virginia shippers have facilities at Richmond. Va. The remainder are located at Petersburg. Va. Middle Atlantic und New England States.—The four supporting Connecticut shippers have facilities at six points: one shipper is located at each of the points of Jewett City, Rockville, Waterbury, West Hartford. and the shipper located at Waterbury also has facvaities at Wallingtord and Bridgeport. The sole supporting shipper with facilities in Delaware is located at Rockford. Three shippers have facilities at Baltimore. Md. Eight, collectively, have facilities at 12 points in Massachusetts: three are located at Fall River and one at each of the points of Ashland. Charlestown. Dodge ville. Foxboro. New Bedford. North Eastern, Springfield. Waltham, Watertown. Westboro. and Worcester. One shipper has facilities at Nashua. N.H. Nine collectively have facilities at 11 points in New Jerses: two are located at Elizabeth, and one shipper ts located at each of the remaining named New Jersey points. The five supporting New York shippers collectively have facilities at six points: one shipper is located at each of the points of Broklyn. New York City. Orangeburg. Pear! River. and Pleasant Walley. The New York City shipper also has facilities in Buchanan. N.Y. Of the eight supporting shippers wiih facilities in Pennsylvania, two are locaicd at York and one at each of the points of Fort Washington, Marcus Hook, Mount Holly Springs. Philadelphia, Pittsburgh, and Pottsville. Additionally. a motor common Carrier wishes to interi:ne at Harrisburg, Pa. One of the tour Rhode Island shippers has facilities at Warren and Kenyon: while the remaining three have fac slities. respectively, at Lincoln, Pawtucket, Warren, and Woonsecket Midwest.—Ot the 15 Kansas shippers, 10 have facilities at Kansas City. including | motor common carrier, and 2 are locate.: at each of the points of Loring, Topeka, and Wichita’? Most of the 27 supporting shippers with facilities in Missouri are located at Kansas City (16), including 2 motor common carriers which wish to interline. Five supporting shippers have facilities at Springfield, Mo.. and one shipper is located at each of the remaining named Missouri points.”' Bourd Brook, East Rutherford, Hillc:de. Linden. Moorestown, Morris Plains. Orange. Plainticld. Princeton and Wharton Shipper 24452) under the Kansas heading indicates that it has stores located in Kansas. Car! Junction, Marshfi id, Noel. St Louts. Stockton. and Webb City Shipper 4 (452) under the Missour: heading indicates that 1 has stores located in a portion of Missourt li4MCC 125 MO é C4 E re @ z 4 bs 4 Pd 7] Wea Gres 9 ig ie, Peay ME ahhy oT Pe RA he Sey abbas soeecalekediehieviata tain Pas) rare WENT: spore Ca ¥ LMG ante) er bt 596 INTERSTATE COMMERCE COMMISSION REPORTS The supporting shippers generally express dissatisfaction with the existing transportation services, with the major complaint directed against excessive and erratic transit times between pickup and delivery of their traffic. Approximately 650 shippers have complained about inconsistent and excessive transit times, and over 200 introduced transit time studies demonstrating the unde pendable service they currently receive."The exhibits show that on a substantial volume of traffic moving between points which applicants propose to serve overnight, shippers have been receiving from, 1- to 7-day service, with an average transit time of about 3 days. On traffic which applicants propose to render 2-day service, shippers received between 1!- and 14-day service, and the average transit time was about 4 days. A substantial volume of traffic which would receive 3-day service under the various proposals is demonstrated to be subject to service ranging from 2 to 12 days. and averaging about 5 days. And, traffic which would receive 4-day serv- ice under applicant's proposals is shown to have received between 3- and 15-day service, with an average transit time of about 6 days. Many of the service exhibits do not cover all of the shipper's pertinent traffic during the study period and some include shipments which were listed because complaints were received on this traffic. Nonetheless, in our opinion, the exhibits taken collectively are respresentative of the service these shippers are and have been receiving. About 70 of the shippers located at points in a total of 16 States complain collectively about certain carriers’ service restrictions and embargoes as well as about the outright refusals of authorized carriers to handle traffic.‘ Thus, Roadway assertedly has.refused to handle shipments, including furniture, and has informed certain shippers that it does not want to handle their traffic. At Springfield and Marshfield, Mo., it has refused to handle shipments weighing less than 5,000 pounds. Ryder has informed a number of shippers located at Chattanooga that it would not provide service between this point and points in Alabama, Georgia, Mississippi, North- Carolina, and South Carolina. These shippers were provided a list by Ryder indicating those points which Ryder was no longer serving. Ryder has also informed other shippers that it does not wish to handle their traffic, and it has a 3-line haul restriction on traffic moving to Mississippi. Campbell Sixty-Six refused to handle traffic “Alabama, Arkansas, Georgia, Louisiana, Maryland, Massachusetts, Mississippi. Missouri. New Hampshire. New Jersey. New York, North Carolina, Oklahoma. South Carolina. Tennessee, and ~ 126. itamere Lae roe Te ome 4 oe = . — Se a a aa? . - * ee Me oe ee ee eee HERRIN TRANSP. CO EXTENSION—ATLANTA. GA $97 to a number of Mississippi points during 1966, and it has refused to handle some of supporting shippers’ traffic. Other protestants generally refuse to interline, refuse shipments of less than a specified weight, refuse to serve directly authorized points beyond major gateways, refuse to maintain through routes, joint rates, or interchange arrangements for furniture and other specified commodities, and refuse to protect through routes or joint rates on interline movements of shipments involving more than two carriers. Pickup and delivery complaints were voiced by about 150 shippers located throughout 18 States.’ A number of shippers at Atlarta have experienced difficulty in obtaining pickup service especially on shipments to points in Louisiana and Mississippi. The shippers collectively complain that approximately 30 of the protestants either failed to make timely pickups and shipments were delayed by | or more days, or they failed to make timely deliveries, forcing the receivers either to pick up the incoming shipment at the carrier's dock or wait until the carrier delivered the shipment | or more days late. Most of shippers’ pickup and delivery complaints are registered against Ryder, Roadway, and Campbell: + Approximately 110 shippers complain about interline difficulties and about 200 shippers collectively complain about loss, damage, tracing difficulties, and misrouting. much of which occurred in interchange service. There is a clear and direct correlation betwcen the number of times a shipment is interchanged, and the expeditiousness of the service, the possibility of loss or damage. and the difficulty of tracing Thus, as a general rule, the fewer times a shipment is interchanged, the greater the chance that the shipment will be handled expeditiously, the lesser the chance of less or damage, and there should be less difficulty with tracing A number of the shippers indicates that normally the interchange of LTL traffic involves, at a minimum, 24 hours. In addition. to the difficulties inherent in interline service, shippers complain that tracing is unsatisfactory when multiple lines are involved, that shipments are split in transit and consequently portions of the shipment are lost or delayed, and that they find it difficult to obtain prompt claim service when two or more carriers are involved. Approximately 170 shippers located at points in 20 of the involved States indicate that they have received complaints from their customers with respect to the existing service. The shippers with ‘Alabama. Arkansas, Florida. Georgia. Kansas. Loursiana. Marviaad. Massachusetts. Mississippi. Missours. New Jersey. North Carolina, Pennsylvania. Rhode Island. South Carolina. Tennessee, Texas. and Virginia. 14MCC 127 PERO SAE PAGES MRC j " 7 te ct ft SG GOR GEA IEA, FT a a aie Rp AEG 598 INTERSTATE COMMERCE COMMISSION REPORTS movements to points in the Southwest and Midwest generally receive complaints from customers located in Arkansas, Kansas, Louisiana, Mississippi. Missouri, and Texas. Most of the complaints are voiced by customers in Louisiana, Mississippi, and Texas. The shippers in the Southwest receive complaints from customers located in the Southeast, Middle Atlantic, and New England States, with most of the complaints coming from customers in Florida, Georgia, and Mississippi. The above-described difficulties have resulted in shippers losing customers, business, and short-term discounts.” Also, in some cases shippers have suffered losses under contract penalty clauses for failure to live up to commitments because of transportation problems. Many indicate that they or their customers are unable to maintain minimum inventories or meet production schedules. Generally, many shippers submit that because of the inadequcy of existing transportation services. they are not only unable to expand but they find it difficult properly to serve their existing customers. In seeking a solution, some have established distribution warehouses or have reverted to private motor carriage. While the examiners found that a substantial number of the supporting shippers had not thoroughly investigated existing serv- ices, a review of the record indicates that many have made such an investigation and have in fact used the available single-line and a number of feasible joint-line services. While the shippers may not have utilized every possible combination of joint-line service available, they have collectively tried most, if not all. of the available combinations” and found them inadequate. Admittedly. some of the shippers failed to specify routings. These failures, however, must be viewed in the light of the assertions of a number of the shippers that even when they routed their traffic they were unable to obtain adequate service. and this function was relegated solely in an attempt to obtain better service. PROTESTANTS The evidence of the opposing carriers, as summarized by the examiners, is set forth in appendix G to this report. Those protestants opposing only the application of Roadway are not included in that summary.’ For the most part, protestants are regular-route motor common carriers of general commodities which collectively, either “Approximately (80 shippers in a total of 14 Southeast Southwest. and Midwest States complained about lost business and customers. “None of the protestants opposed only the application of Floyd & Beasley. PR Ag PORE ILE ELIA AE: wo) ) Re ta a veh AML . _ GE SWAG 9 AEE LY AAEM LEOPO PRD: ALP! OF 8 HEKRIN TRANSP CO. ENTENSION—ATLANTA. GA SsYY directly or through interchange, are authorized to serve the points here sought to be served by applicants. As described in appendix G, 14 of the remaining 42 protestants introduced transit time studies of traffic handled between the involved points.” The studies relate to periods of from | day to | . year. with most covering 1-week periods. They usually embrace all of a carrier's relevant traffic handled during the period or that traffic handled for specified shippers during a specified period. The 1-year study of all the relevant traffic handled by one carrier’ demonstrates on-time performances ranging from a low of 2.0 percent (from Fort Smith. Ark., to South Plainfield, N.J.) and 2.2 percnt (from Fort Smith to Newark. N.J.) to a high of 73.3 percrnt (from Kansas City. Mo.. to Washington. D.C.). with the average cn- time performance of all the traffic jisted being 33.5 percent. Generally. the exhibits cover periods subsequent to the notice of the commencement of the hearings in these proceedings. As a consequence. while they demonstrate that in certain instances during the study periods expeditious service was rendered by certain of the protestants. these studies must be considered in the light of the facts (1) that most either relate to short periods of time or cover traffic handled for specified shippers and (2) that they were made when protestants were confronted with the possibility of grants of authority to additional carriers. When viewed in this light. we believe that protestants’ studies do not present as valid a picture as those introduced by those witnesses supporting the applications here under consideration. DISCUSSION AND CONCLUSIONS In our opinion. the applications of Red Ball. Bowman. and Johnson should be granted to the extent set forth in our findings. The evidence considered in its entirety is convincing that the additional services so to be authorized will serve a useful public purpose. responsive to a public demand and need, and that available transportation services between the points and to the extent authority is granted herein are not reasonably adequate to meet the demonstrated needs of the shipping and receiving public. Most of the supporting witnesses justifiably express dissatisfaction with the transit times and the inconsistency of the elapsed time “The examiners’ treatment of the various protestants transit time (elapsed time) studies 1s understandably not all-inclusive It 1s sufficient for our purposes. however. and we see no need to expand on it inasmuth as any expansion would not affect our discussion of the studies themselves “This study was introduced by Consolidated 9 0 MME ELA LP LES ALOR 5 SRR SEEN hy er een ered Ce seat Sonia tas 600 INTERSTATE COMMERCE COMMISSION REPORTS between pickup and delivery on traffic moving (1) between the East and Southeast. on the one hand, and, on the other, the Southwest. (2) between the Midwest, on the one hand, and, on the other, the East and Southeast. and (3) between points in the East and Southeast, on the one hand. and, on the other, points in Mississippi. Studies introduced by many of the supporting witnesses show that the motor movement of much of their pertinent traffic has transit times of at least | day more than applicants’ proposals. Admittedly, some of these exhibits cover only a limited number of those shipments trans- ported between relevant points during the study period. It also appears that some of the witnesses either have not tried all of the available motor carrier service or did not route their relevant traffic. These infirmities, however, do not substantially affect the weight which should be accorded to the documentary evidence collectively presented by the supporting witnesses. Considered as a whole, the record demonstrates that many of the supporting witnesses are not receiving reasonably adequate service. In addition to the above- described difficulties, many either have been confronted with carrier restrictions or embargoes which limit the service available or have experienced outright refusals by existing carriers to handle their traffic, pickup and delivery problems; interline difficulties relating to loss, damage, tracing, shortages, and misrouting; lost business and accounts: and customer complaints. We are thus persuaded that the supporting witnesses have shown a valid public need for additional motor carrier service to the extent set forth in our findings. As indicated, the four southwestern applicants (Herrin, Red Ball, Strickland, and Jones) generally seek to extend their authority to southeastern gateways such as Birmingham and Atlanta, and the four remaining southern applicants (Deaton, Baggett, Bowman, and Johnson) propose to expand their operations into the Southwest. with Bowman also seeking to serve Missouri and Kansas points. As a consequence, the applications of these two groups of carriers differ “The validity of characterizing Herrin (of Houston) as a southwestem carrier might be questioned in hight of the fact that McLean. of Winston-Salem. N.C.. has been substituted as applicant in No MC-1124 (Sub-No. 206). It is noted. however. that (as will be discussed hereinafter) although Herrin seeks authority to serve southeastern points. with only some exceptions (20 shippers located at Aulanta. 4 at Columbus. 2 at Mobile. and 3 at Memphis) shippers supporting this application are located in the Southwest, or more specifically. 29 are located in Louisiana and 40 in Texas More important is the fact that even though Herrin holds authority to serve southeastern points. by this application it is seeking toextend its operations (except with respect to Memphis) between points in the Southwest it can presently serve and points in the Southeast which it either cannot serve or to which it can render only limited service. Thus. the status of this carrier as a southwestern applicant. insofar as this proceeding ts concerned. has not been altered by the substitution of McLean as applicant 4 30 H4Mcc. HERRIN TRANSP CO. EXTENSION—ATLANTA. GA 601 not only in their specifics (e., the points or territories that would be served) but also as to those members of the public to whom their service would primarily be proffered. In Mayfield Sons Trucking Co. Extension—Kentucky, 108 M.C.C. 6S1. at page 657 (1969). it was stated that: the Commission favors the existence of sufficient carrier capacity to encourage competition and provide mncenuves for real innovation and improvement to the public. however. uo wall not approve the creation of excessive capacity and needless dupricgeinen of services which would tend to adversely affect the continuance of etheient operation by exsting carners. M. Ro & R. Trucking Co.. Ext.—Birmingham, IOS MCC 69% at page &0 It has also been pointed out, in Motor Freight Corp. Ext.—Pottawattamie County, lowa, 106 M.C.C. 654, 657 (1968), that: “Muluple-application proceedings require care not only to avoid the prolifterauon of operattyg authorities not needed by the shipping public, but also *** [to %elect those] carriers with the ability to perform the proposed service.” We must decide which of the applicants here betore us should receive authority inasmuch as (a) there are motor common carriers already operating generally between the territories applicants propose to serve. (b) the present applications may broadly be characterized as those of either southwestern carriers proposing to expand their operations to points in the Southeast or southern carriers seeking, for the most part. to extend their operations to points in the Southwest, (c) there is not, in our opinion, sufficient traffic to sustain all of the additional motor carrier operations here proposed, and (d) the granting of all the applications would, as a consequence, materially endanger or impair the operations of existing carriers (and of applicants themselves) contrary to the public interest. Cf. Pan-American Bus Lines Operation, | M.C.C. 190, at page 203 (1936). Turning to the quantum of motor carrier service for which a public demand or need has been established on the record before us, we have already expressed our view that. considering the existing authorized services currently available in and between the considered territories. the volume of traffic here shown to be moving by the supporting public witnesses would not sustain the added services and operations proposed by all eight applicants and that the authorization of all such services could lead to unhealthy, if not cutthroat, compeution inimical to the public interest. By the same token, there is on this record presented such substantial evidence of widespread public dissatisfaction with available transportation H4aMcc. | 131 - APL IBA SD) HERRIN TRANSP CO. EXTENSION—ATLANTA. GA 623 13. Messours Pacific Railroad Company The Texas & Pacific Railway Company Missourt Pacific Truck Lines. Inc The Texas & Pacific Motor Transport Co. 14 Red Line Transfer & Storage Company. Inc 1S A&H Truck Line, Inc. 16. Viking Freight Company 17, Gordons Transports. Inc 18 Mercury Motors. Incorporated 19. Mercury Motor Express. Inc 20. Carolia Freight Carriers Corporation 21. Akers Motor Lines. Inc 22 M R&R. Trucking Company 23. Mercury Freight Lines, Inc. 24. Howard Hall Company. Inc 25. West Brothers. Inc. 26. Deaton. Inc. : 27. Floyd & Beasley Transfer Company. Inc. 28. Baggett Transportation Company 29. Georgia-Florida-Alabama Transportation Co. Inc 3%. Pilot Freight Carriers. Inc. 31. The Mason and Dixon Lines. Incorporated - 32. Georgia Highway Express. Inc. 33. Campbell Sixty-Six Express. Inc. 3. Jack Cole Company. Dixie Highway Express. Inc. 35. Brown Transport Corp 3%. East Texas Motor Freight Lines. Inc. 37. Transcon Lines 38. Roadway Express. Inc. 39. Herrin Transportation Company 40. ET&WNC Transportation Company 41. United Motor Freight Terminal. Inc. 42. Red Ball Motor Freight. Inc- 43. Ryder Truck Lines. Inc. 44. Braswell Motor Freight Lines. Inc q 3 f z 7 ¥ nN Se On . APPENDIX C Protestants’ replies Replies were filed separately by Pilot-Freight Carriers. Inc.. to the exceptions of applicant in No MC-94201 (Sub-No. 56); separately by Ryder Truck Lines. Inc.. to the exceptions of applicant. jointly by Mercury Freight Lines. Inc. and East Texas Motor Freight Lines. Inc.. to the exceptions of applicants and imerveners: jointly by Akers Motor Lines. Inc.. Braswell Motor Freight Lines. Inc. Campbell Sixty-Sin Express. Inc . Gordons Transports, Inc.. Roadway Express. Inc. T1.ME -DC. Inc. (by order of the Commission entered January 14. 1969. the name of this carrier was changed from TIME. Freight. Inc.). Transcon Lines and Roadway Express. Inc. of Misstssipps (formerly West Brothers. Inc.. modified by order of the Commission. entered March 18. 1970). to the exceptions of applicant in No. MC-106401 (Sub-No. 18). jointly by _ N4MCC. eee’ Ce ie Pag AMES - CELE GR LEOPOLD © ON ley CLLEGE ES Sag A ILOT PEP EPL IILELAME ALOE! GPG ee, | LENA IE IT PI PT A 624 INTERSTATE COMMERCE COMMISSION REPORTS Akers Motor Lines. Inc.. Braswell Motor Freight Lines. Inc. Campbell Sixty-Six Express. Inc.. Consolidated Freightways. Inc.. Georgia-Flurida-Alabama Transporta- tion Co.. Inc.. Gordons Transports. Inc.. Roadway Express. Inc.. of Mississippi. Roadway Express. Inc. T.1.M.E-DC. Inc.. Transcon Lines. and Yellow Freight System. Inc.. to the exceptions of applicants in Nos. MC-1124 (Sub-No “206), MC- 11207 (Sub-No. 233). MC-59680 (Sub-No. i47), MC-76177 (Sub-No. 304), and MC- 111231 (Sub-No. 67): jointly by Roadway Express. Inc.. Roadway Express. Inc.. of Mississippi. Transcon Lines. Holloway Motor Express. Inc.. TIM-E.-DC. Inc. Consolidated Freighiways Corp. of Delaware. Akers Motor Lines. Inc... Yellow Freight System. Inc.. and Braswell Motor Freight Lines. Inc. to the exceptions of applicant in No. MC-94201 (Sub-No 56). embracing a renewed motion to strike appendixes A and B tw exhibit 1985: jointly by Roadway Express. Inc... Roadway Express. Inc.. ot, Mississippi. Campbell Sixty-Six Express. Inc... Transcon Lines. Gordons Transports. Inc.. Braswell Motor Freight Lines. Inc.. Akers Motor Lines. Inc.. Georgia-Florida- Alabama Transportation Co.. Inc.. and T.1.M.E.-DC. Inc. to the exceptions of applicant in No. MC-2229 (Sub-No. 132). separately by Deaton. Inc.. te the exceptions of applicants and interveners. separately by Jack Cole-Dixte Highway Company (by order of the Commission, entered October 31. 1968. the names of merged protestants Jack Cole Company and Dixie Highway Express. Inc. were changed to Jack Cole- Dixie Highway Company) to the exceptions of applicants: yointly by Alanio Express. Inc.. Central Freight Lines. Inc.. and Red Arrow Freight Lines. Inc.. to the exceptions of applicants in Nos. MC-11207 (Sub-No. 233). MC-76177 (Sub-No_ 304), MC-94201 (Sub-No. 56). and MC-10640! (Sub-No. 18). jointly by Akers Motor Lines. Inc.. Braswell Motor Freight Lines, Inc.. Campbell Sixty-Six Express. Inc.. Gordons Trans- ports, Inc., Roadway Express, Inc.. T.1.M.E.-DC. Inc.. Transcon Lines. and Roadway Express. Inc.. of Mississippi to the exceptions of intervening shippers: and separately (late tendered) by ET&WNC Transportation Company to the exceptions of applicants in Nos. MC-76177 (Sub-No. 304) and MC-94201 (Sub-No. 56). APPENDIX D Pleadings In ts exceptions. Herrin contends that the examiners erred in considering all applications on an erroneous concept that all must be granted or al! denied and in finding that a grant of the Herrin application would result in a realignment of the traffic patterns and competitive relationships of existing carriers. Herrin submits that it does not seek to extend its operations beyond its present territory but seeks only to serve seven specific points which are actually intermediate under Herrin’s presently authorized operations. Inasmuch as Herrin can now provide service to and from Atlanta, assertedly a grant of autHority to and from this point would merely allow it to use all feasible routes for the operations. It believes that the examiners erred in concluding that the transit studies and related testumony. as a whole. do not warrant the conclusion that the existing service is inadequate to meer the real needs of the shipping public in the territory involved in the Herrin application. Herrin excepts to the findings and conclusions of the examiners that it failed to prove that the public convenience and necessity require the grant of its application. and it submits that in considering the criteria for selection of applicants i 1s a logical chbice. * —Red Baill contends that the examiners erred in concluding that the 933 public witnesses failed to establish a need for additional carrier service and that a grant of its 170 114 MCC. POLLEN ASTER LLL RIEL ITTE HERRIN TRANSP CO. EXTENSION—ATLANTA. GA 625 application would have an adverse affect on existing carrier service. Assertedly, the 130 public witnesses presented by Red Ball. the additional 24 witnesses called by other parties but testifying in support of Red Bali. and the additional 19 witnesses who iestitied in support of ail applications clearly demonstrate a need for this applicant's proposed service. It ts contended that the inequity of the examiners’ handling of this proceeding is demonstrated by their failure to even discuss that portion of Red Ball's proposal which was unopposed. Applicant submits that protesiant East Texas has filed an application in MC-41432 (Sub-No. 103) seeking authority substantially indentical to cnat scught by-Red Ball. Assertedly, this demonstrates that this protestant has ceased to believe that there ts no need for additional authority in the territory involved herein. Red Ball further contends that the examiners erred in concluding that all of the applications mugt be treated together and in not giving complete and fair treatment to the individual applicatiens. It submits that newher the carriers opposing us application nor the applicants in this proceeding can provide the extensive single- line service proposed by Red Ball between those points presently served by itin Mississippi, Louisiana, Arkansas. ‘Texas, New Mexico. Colorado. and Kansas City. Kans.-Kansas City, Mo.. on the one hand, and. on the other, Atlanta, Birmingham, and Greenville And. assertedly. it is the one applicant in this proceeding that can and will solve the problem of bringing to the smalier cities, towns, and communities adequate and proper transportation service to and from major points of supply and distribution such as Atlanta and Birmingham. Red Ball is willing to have “Performance Report” conditions similar to those imposed in West Brothers, Inc., Extension—Baton Rouge, La., 106 M.C.C. 792 (1968), as modified in 108 M.C.C. 485 (1969). imposed on a grant of authority to it. Finally, it asserts that of all the applicants it is best suited, equipped. and establish, and can, at less cost, perform the service between the points it proposes to serve. In its conditional exceptions, Deaton submits that if this record discloses_a public need for additional service between Atlanta and Birmingham. on the one hand, and, on the other, Dallas and Houston,it believes that a grant of its application would be a necessary corollary to the granting of one or more of the other applications. The filing of its application is described as an effort to keep pace with fundamental realignment of existing motor carrier operational patterns in the Southwest which would result from the granting of any or all of the eight applications it opposes. On exceptions, Strickland contends that the examiners erred (1) in recommending a denial of the Strickland application, (2) in failing to evaluate the merits of Strickland’s application separate and apart from consideration of the proof offered by other applicants. (3) in equating growth in existing carriers with capability to adequately meet the growing transportation requirements of supporting witnesses, (4) in finding that where complaints of service failures had been made to existing carriers remedial action has been taken, (5) in finding that the evidence does not warrant the conclusion that the quality of service proposed by applicants would be sufficiently superior to that of existing carrier services to support a grant of the operations proposed: (6) in placing undue emphasis throughout their report on the fact that various applicants to the consolidated proceedings were also protestants to other cases instead of considering established criteria for proving public convenience and necessity in each instance, especially with respect to the application made by Strickland. and (7) in finding that the granting of the Strickland application would result in a material adverse affect on existing carrier services, and could put Red Line out of business. : Baggett, in its conditional exceptions, indicates that initially it was a “defensive applicant” and was willing to withdraw its application if all other applicants agreed to 1aMCcc. : 6 ava Leper MILA RSME RE 4 Ded til = en ee eee DPE pe IS + 626 INTERSTA BE \COMMERCE COMMISSION REPORTS iA do Me same. Whertit becamé clear that the other applicants would not withdraw their applications, Baggett indicaté¢s that it became a “serious applicant” Baggett contends that the 40 public witnesses ®ho supported its application proved a definite need for direct, single-line service as felated to their respective businesses. It believes that a grant of its application would be a necessary corollary to a grant of any of the other applications and it indicates that exceptions were filed to avoid a situation in which its application would stand finally denied while one or more of the other consolidated applications are pending final decision. Bowman contends on exceptions that the examiners erred (1) in considering aji 10 applications collectively, and neglecting and failing to relate the testimony to the Bowman proposal or to give effect to the multiple complaints directed toward existing carriers: (2) in considering and treating the testimony only in relation to commodities shipped to the substantial exclusion of territories and points involved: (3) in farling to consider the divisible aspects of the Bowman application: (4) in failing to recommend approval of the Bowman proposal to serve 10 named Mississippi points. Topeka and : a oe “ & Kansas City, Kans., and Kansas City. Springfield. and Carthage, Mo.. (5) in failing to y recommend approval of all aspects of the Bowman application, and (6) in arriving at 4 ultimate conclusions and basing their recommendation on broad generalities without @ specific findings as to the basic facts of record. With respect to the divisibility of its ; proposal, Bowman contends that only three general-commodity carriers and one i specialized carrier have any interest in the proposal to serve the Kansas-Missouri area, & and only seven carriers are interested in the Mississippi portion of its proposal. It : asserts that the strongest case presented by any applicant was of a need for additional se a motor carrier service between the authorized Bowman territory, on the one hand, and, ; on the other, (1) the 10 named Mississippi points. and (2) Topeka and Kansas City, s Kans., and Kansas City. Springfield and Carthage, Mo. It is pointed out that more 4 public witness (137) testified in support of the Mississippi portion of the Bowman 2 proposal than appeared for all aspects of 7 of the 10 applicants and more than all i witnesses combined of 3 of the applicants. Bowman believes that if the application had 7 been filed simply for authority between its territory in the South and the afore- = mentioned Missouri and Kansas points. it would have received a grant of authority. x Assertedly, the 82 witnesses which supported this portion of the application have experienced every conceivable type of difficulty with the existing motor carrier serv- ice. Bowman submits that only four carriers hold general-commodity authority be- tween the involved Kansas-Missouri area and any portion of the Southeast, and only three of these carriers, viz. Gordons. Watson-Wilson, and T.1.ME., oppose this portion of Bowman's application. Furthermore, it is contended that these three carriers, while they hold extensive authority in this area, collectively serve only a limited number of points in Alabama, Tennessee. Georgia, and South Carolina. Bowman submits that even if these carriers served every one of their authorized points, there would still be no service, (1) from the entire State of Florida; (2) from points in Georgia south of U.S. Highway 80; (3) from points in South Carolina north of Cb ie ea RR REE A IRESEEA ESE Y Greenville, Columbia, and Charleston: and (4) from the entire States of North * Carolina and Virginia. Z On exceptions. Johnson contends that the examiners erred (1) in generally merging i 4 throughout their recommended report their consideration. findings. and conclusions 3 respecting the evidence relating tu the Johnson application and the other consolidated 5 applications and thereby failing to evaluate and make adequate findings and 4 conclusions relating to the Johnson application as a separate and independent matter: i (2) in finding. on the basis of their erroneous treatment of the applications as a group, 4 114 M.C.C. eB ; 1°72 ’ ss Saas witha Tb AA 2g FR ae EP EREE DS Pg ALTA NTR LIE TOE SNE ORES HERRIN TRANSP CO EXTENSION—ATLANTA. GA 627 tha there is 7. public need for the service proposed by the Johnson application beguyse existing service 1s adequate. and (3) in concluding. on the basis of their €ffnenus treatment of the application as a group. that the berefits of the service Piiposed by the Johnson application would be outweighed by the material adverse” aff, that a grant of the Johnson application may have upon existing carrier services Jolagon submits that in restricting service to the transportation of traffic moving from. (57 through Atlanta and Gulfport. Miss. it proposes only an “overhead” operation beheen present system points. on the one hand and. on the other. posmts on the Prinosed service routes The proposed overhead” operation assertedly would Prwide needed single-line service to and from designated: major Points in Texas. Loysiana. and Mississippi fer traffic orginating at or destined to points on Johnson's Preent svstem in the States along the Atlantic seaboard and im the Gulf of Mexico 'Cfitory. wurhout. at the same time. overextending us operations tc 4 multitude of sMiter points which can be served adequately in cooperation with local carners Johson submits that a was the first applicant to propose an “overhead % (oF bound te ite Tesemlooes, Ale. , -s\0 and *iabeme ineoet seaat's sary Reggett Shipper Geen nor | jamin cor te tan saul te coun on ae of any sirgie-iios a ampeny (heteees two ant five preset * ape oarv ice betwee 4 anron, Taio mores by re.i) syethetic rubber treffle to *tleete ny * ke wwwle Teecalouss, on ihe one Syetmetic from Port arthar, "er , ont carbon "ye letter aise be tiverved from the nent, ant, on the other, 2 rubber. car biseh from Hovetec, Tex. Between me wreftic which reli coriar. Shigger Beles, fort toreh, ant bon Diec, ‘TW! @06 Gree slilicn pounds aoves * inter.imet at | seirte.ne © sarcnmuse Pert Arima it ae~ and ree inbound sack semth. Wthoust frow dante. in A haete eat it am 3 that Syéer noise 4 Tuecelewss, shipper soves tires to + | preeees «© eect for ‘ etmgie-iine ectherity free 1, ouster, [ort Werth, ant Delies, “ te | | tinghe-iiew service os fuotee te ' .scalowse but it 3 Tex About ane Gililon pounds « { polets .0 Temes ont tives coving free Come eet wien te use Byte a son') Guves to these pelats. Owe Aeter lines it Tescacose beth ve tis pecnuse of the service ant cf half of this traffic is nendied by hemptis, Tome. Cinie | serenouse ond te because this caviar wo & ver and “4 remeinger is handled * | alee yocated ot erg es 4 tereions 6 % dy re.s. The former are 7. Lote es wreffic ante lense hee tor Teeleoes se “4 wighing Letweer 20,006 ana 30,000 © leterlines «* notes fied with . 4 pownds. 6°." omal.y, shipper hes het Semphie. Service “ith « mmrer of carviers | service It fee aot weet ” SY Se ae toteling Lapress originates om iateriine at Mes) -Peatuey threnge aoe * ponte. Shipper aise aoves | outbound traffic ante be eres ’ et abou" 750,000 pounds of tires « eunth md inter.ines oan oF anil te tone — t et Birmingham te here tro or three bal mercary ister- carriers evellabie ad ae ; dines at ; mere to the caisee-Fert Varet ewes vith | Gallowe ahigger’s Saeunnemey ee ty. 2 traffic to ehigneste eave co uanete SS 7 é ot of ariaese: pos Shipper emery unter Georgia heating bow Shipper under Sovth Carciine beading b+ perertheses is ee Rs one omy LPS Ser EMRE FORE RR a ‘ hip Rn 4 HERRIN TRANSP. CO. EXTENSION—ATLANTA. GA. Ott Oe es wl. me i ee “Cl a a ae, Slee. wi fre my of wettec ome au ne 5 reli le from er tiesiuty ent Bie. Meet, Aiemmmtr ie, Bwmriihe, end Blut! (92,099), ant fort Smith, Art. (29,009 powmta) The of peewee move ‘e TL aad LTL lore agit tip il | i i i eee iewers " Tem. Tt indicate (et it emrwer a1) of “ones “ree tte hee pee wert, ot iemal ee ee ne ‘ ee ae treff tc @° tires. te ‘1 a is (tales ine servlee te theee pour’s amt .¢ wants 16 @e.B.aete the present 8 © be ten Oe) very oavice one etomy of service ie =r u i ; : Dicee "+ «moremers te ee °. er. oe oe?) =—(igge + a —_ ow demure STOTT Uy shippers ont Lee polars ~ ts “ere & . , © other Texas ‘ o° (oeee 6 ipwerte were LIL. o.-8 th ater ‘Aipmects tram ite Oslies om tous tor The lebound "persia totel ae auch a « ti ome "tie “re "Neo The outbound oh. sto | Jerson. tréer. | Meggett, Sereury, } enc “te LO & Railway | asee shipper uses its | ‘wo unite of private | 7. pment coces. | om sAipesets ' ' ‘ ‘ ! ' | | | Sing.e-lice serwice or + Ryder, Raber, ond Comptel) are qpet *> Chicago it "ews the services of an wD ipet feale ‘=| | ed4:+ ome arr ier te give } “.@F ib.aity [nip wante « dirent, j Singie liae service. Jt | Re res adow one treme: + [* ™~ ow leles © mamrt -nte ners are tae te | | Temas | tere ic Le Prefers single line Regge ; eT ce Tt hee exper Lenoed éiffiewtty te maining eqeipeest from the owt her - ized carriers, mes ading Bageet* The sejerity of its] shigments must be eoret is reoeit (ine is lapertect Pmeagert since the *reffie consists of “rust” shipments Shipper prefers direct, ba i pcer prefers singie-line @elivered;, and (2) a tremeit times awaeiy,(e) eetisfectéry tremsit time oud thet it nes had te rm — Am heat ion supported ant remarks pe ets i@ eingle-line . (inc lade « eer Prommes end ces hi per froe its plaet hes soticfecterity used te the Sissiesigpi peie-s Seueee's service to points end tc Rew Or leone, eet levaleed here Gey service te the indicates teat existing other Lowisians polete amt | serwice free Sireiaghee to met ister them third day Srertwe is sstisfectory. earvice to the Temes Sigper is qoure thet fre poiets. it complains thet Siveinghes te Bow Orleens Beet doce ast it hes evellable the eet several times ever the Quggett's reeestly co- Lest 2 'te 3 veers Ship- @uneced ciagie-lise sarvies pers customers purchase free Mreiaghes to Rew ouly emmli “fill-iw” erdere| Orleans. fros it ené they weet quich @c.lvery. It was mot been HERRIN TRANSP. CO. EXTENSION—ATLANTA, GA _— wer, eerdewe 6 tpper” \ ARM — Cont Bot —+—-— —-— -- —— --_y- —- -—- & sting saree Se? prone we Dipeew, wigiee teeticat one. volume. "ype Seener “or Sie | { aod “requency -* crerfi see . . ” a pate As prim pe with tratfle to Hew Orleans at from Bireinghee tc specified po.ots .s Riewow,, Aenses, Artanees, Flesissipp: . Lew ielepe, Ghlabome, ii. imois. sad ' vleeme anc “ampbe are eeed tc Hissour. teal ent Bue | end Keness, Sercery | Sempeny. lec.) Texas Appromiaetely 270.0% pounds | eed West to Teme, Bireinghes, moves eact weel to tneee States West and Camphel! ale ibe Lewleiome, Camp | Aleem bell amt West te meter iais | *.seleeipp., anc weet te , Sowéome, Campdel., ' gratase | | amd Last Temas te | oe ‘ arkansas | ! te Louisiane; amd £000 to Temas (88) voice | i-veiope “oo ree Bires shipeests gore to recaghe seat .5 ured to raphe polete is Arkameas, Temas. Riseissipps points on or. one, Tenmessee, Rissouri, Dire.oghee . Stnessetees, Kenees, ont Ale een | Owring Gey 1966 shipper ned te Jowssbore, Blythe lle, eat | Little Rock. Art, emp ic, Tem, | Mevator, Selias, amd fort Berth, Tex. Strevapor’. Baton fouge. sest Hoarce, H and Rew rieane, La, St Lewis and Springfield, Go . Ohishome City ent | Twhee, Okla.) @ienita, Kame, ent | Coluetwa, Jackson, amt . | Mise. S\ipper eiso has te Bushogee, CRle , and (co amd throug? Colcage, ili | ' | ‘ 22. (98) Stave | Prem Bireingher to between 1? amd 15 ampdell and Baggett | Tere leew poiete ir Lemies ot bound | ane Company, Abowt 12, 00° to ures rei . eech gonth o polets in Mississippi Aieas ips.ng-e an Ala... pricted end Louisiane eet the everage weight service materiel ent of a shigmect is from .esr then 100 torw pounds w@ ‘tc 130 pounds. Shipper i empects « .¢ percent in the wolume of its traffic It waipteims betweee 12 and 15 Drench officers 1p Louisiana. Bore shipments } more to Rew Orlease than any other e H Lemielam polste | | ‘ ; | | 22. les) ire ae Amen to houston Shipments comb originates the Greif Bree — ry 1D Gaye in wostiy TL lets. svetf.c emt ieter j ooperss: Tipper 's fn voles of TL govemests is lines at Birwinghas, | orp.. imereesing Ala., with Rercery Cullman, Ale | Steel if products. =. (108) Trem Biretughee to Moustoe. Stigper Planet as periodic eowements The LTL Southers rreffic vari@e between 1.000 end in * Gays, ond one te polate 10 Miseiss ippi, ~ “Gey wervice to other cv .isiame pelets. Teer, ont Risso ofr's, emt te r] Karses a >» seer acl catee thet is has ape. 8 e.vet er unspecifiee © of compiaicts free customers locate’ in the te ievolved Lategt is ant Obleahome A. thomgr “appee li wikl pice * vers °r La . it wee tied lppar Nes H Sowmee anc cons Shipper Gas weet bowmee under its preseet authority emt is setisifies site the service Shipper swdicates thet Geet render: goed pices ant telivery service. It carwot recel. @ about 30 shipments for Southesstere end some nad to oe treced oes. ant Somes «Shipper eetiafector.!y uses howmen te pelate ie the South. It aise hes found Baggett 's service satisfactory and is wi lilmg to tew whis carrier's overeight perv. to Pa >. ‘ Be Bel.. Seigper De. iewes thet cooly i: originete sbigeests «t Pirwingher eet te) iver tee to Rew Orem for a “pret “at amen Meron FB onge, © average shizean: we.ghs +00 t> Prom Spring. tie, stipper mowes | pouses (+ sh. geents) « weer to weter, 2 50 pounde (6 ca.pmerts o - pam rd { ! i sarthington bee Of 100,200 pounds te Deiles } b air C= éitioning Compesy . meet fle tir ooo Cittonrg om rect 79. (122) Adem pr oust weigges receives et =_—r peret weighing about “HW powuds & gq >a iness - ene Coetral, Jireiaghe . Als. @eter- cycle parte — ie a hod sbownt ‘oom Dei les 50,000 pouncs will Ciemeed 5 (=e 2 peer anc free fort Marth oetween esters Sup. | 2°, 200 amd 008 pounds @ your. The Jeckeen's Gap. everege weight of the shigeeets is 500 Ale. Sadtios peasds Sbipper else hes mowements poets, ets, rom Moustoe, apo Lareto, Tex te “oree trellers Jectece's Gap About 20° pommde « —_ wete> eth aowes ‘roe Beeston clothing 2 tis) bres Sire aghee te apecified poimts in cin oa \emne, visions, and @issiesippi. & oq! oer, = or por- ioe of the BO. 000 ot eNIpper mores armweliy to points in the ale Clothing Ger? Gores © px inte in wowe-describec States. “he everage weight of saab shigmert is abet 170 | pewade. About 114,000 pounds onl | bectiwety ores aumesliy to guiane te onisigue amd "iasissigp! Shipper | eo tes eovenents to Port Geith and | fevettevilie, art. ‘ $2. tise) rainghem to specified polets Le Plawest Low > Low fahena, Arkansas, Giselssipp!, Petters. Sisomer!, ami Colarede. —? im. 2 shippers bed 164 nowerents, Rim inghe | img 4,35" pounds froe Als Gower 1S aghee ve polets in the abowe-doe- T eet Sates. The ewerage «eight of pets Shipper sees private Cart iage or “L lows t "exes and Mercury ioter.inimg with the ée) iver- fercery origiastes the ehip- aerts and ister) ines with Raggett et Sir sgh. is used to Riasise lpg! at vo i pmeet Bet expe oto, pros. cas one * Peter -oulé ot - wore er tor ee. peer: elth ang gover cay It stocks Twree-4ay service te Heowst-o, Dalles, San Acteaic, ent Reewsort would be acceptable Selays is lnwolwed sc time in transit is mceasive Sen | imeremees the “nance of Cmmage. Singie-.ine me eferred fe ..icetes indicates that the quisting series | ls siow “Gets Secom- iar service Hl mous ton ¢ Nipper wants 2- oF 3-day service it used Pyter omce twt "Se carrier dié mot deliver ‘o shigper's ehipper Biles to plet up the o> pment. Dipper waets the services rt hous tae tc eivalnguan It became aware of fyder's single line service detweer these polats immed. eceiy prior te the equ. pment if the appl cetice is grented. esting interline service. |aags Silpper hes pewer comp ie.-ec to East Temes of merears about teeir service it -qmeeced thet it ¢i@ sot Bort! s.sleme Le- jMeane"* prees is eveiladi«c os @ wweiler cities It nas iLalted doch space and nerefor+ peer hes bad difficulty is ebtaln) ie pickup serv “Pots set isfectary. Aithong> Campbell bee shipper estisfectory serv- Ale. end Ret Bal! to points beyoet, it indicated thet it aoe aingle- line eervice Lal bell, Strickland, Beetor . Jomme and Bowmen. Shipper bes satisfactorily seed Bowman's service !t imbicates thet Bercury hes reodered « satisfactory service to pcints in Temes Sr: lpper was aot 2 bere a Ace (arpet ont releted Commos Lee an Pirmingher s*ipper has about twe Th . rolume, *ype ent freqeemy of "rer! ~~? saiguest te "petvess 1m oma ..s $00 The overage ehipment weights movemects & weet to Betcr Rowe, lua. Tre shipments weigh from « mini- es Bireingres to points in Teses imcluding Beevmont, Houston, Orange, oud Teme City. The — weigh between 50 ant 600 hes two Sevenents ¢ samth to Beton ro. to points is mnisatan toot anc southere Arkansas. At the time of the bearing shipper Enbound fro Atlanta to Birei i mq Callas to polmts withis 200. alles of Ualies it a ceah to aah of the tus phiste. to Bireiagham, shipper receives ‘three end five shipesets of gm weterials «@ year, «'1 of which Riseissipps ines Campbell anc Avtar are [Shipper | weer to Meron fouge treme. ! @eo mot | of carriers a: same) *las.ssipp! po.cts, ant com eded that imesmuch es it nas mot wet er ceper tunity tt the emicting bnow exact.y ‘ow SeDy car- riers orerete Gal’, Deiweer with enorcer carrier et tcer % oF te eed. . -pper ¢i¢ at time of tay cons ignar ~icewp service on ~ustasce regarding aiid 3 ee — ee es 1 it hit sul lta : i HE HA eee il ii ita ‘ei a : i HTH RM ERT LHR : . i " r sl ‘te jel ' PEELE Ly eer hit : UF i HARARE nn if a | i i alt Ts TTP nihil: [ A Hf till HT th ; bE ats ay iabtesity ij nie litt fess j i: il] H i a ii Hilo iy aa - ee oan! LE | ied Hl if tt ti F Mi neds if Witit dif i ate nie ili aia Wee ae itil i eee ta Hb iaysy | oo it Hi av hil i : hyd : si eameen eee - “—-* o- ‘ . . shame - s ’ e - . . o ‘ - . o . ere foe P.rwicgnam to beter Bauge. close {te mili = ot @o4 Houston Rost of the inbount | es received complaints re time the customer selects mei? . - garding Cixie s service tee carrier to be wees Shipper expresses « seed wher the repeiret scar .+ “e | for we wero shippe free Bi reinghes to Betoe Rouge, Beowmont, | See or 1s wmed satis and Houston | tectar.iy by shipper te | Kiseibeippi Shipper i | ot bnew of amy single ‘ sine service from Birming | nae to Seowment and Rows tor | otter roan Lass tenes and =r ( ¢oes act be.iewe that leetes holds eutherity '° ‘ressport ite commotities to Betor a vs allies "eo rene.t ties .s important be- |Deston Shipper setis- feme ~ of i r fectorily vees Destoe's Alebems bire.cg- rece.vet « weet fram Noveton, sepen tg ©. 00 cordome «ft service to the polets it nap, Aca Fence img oo the season of the year Tre Semphis Tere. Bres serves. it indicates anc fence fir s) .pments weigh between 300 end weld ister lining with. thet it wes aot ovare tongs 3,000 pownds Shipper, im the firet coke le weet two or thet Lest Tenses hed sie- $ vs of 1964, ¢i2 more business three times « week than it cid in ell of 19€5 Rec Be. irteriining | serdons at ‘ \ enipment et the * ime of H the bearing it hed mot ° | settles the claim. from shipper s Bireinghas «are Pyéer, Campbeli. and Treneit time te sapertest Deaton Se pper nes aot mouse Geily LTL ob -~ Viking are seed to becouse cast invest od the | mete to Baton Rouge, Le Ship Beton Pouge | existing service free expected ‘co serve ¢ Bireiaghes to (he named Bich ry s points of Beeument, Mowstoe ' Temes poicte etec p-ast! ' Led jrenge frop Birvinghes efter | “ T ' = jhe between “00 and 600 pounds ipper experienced « ; ot iocrease ic business in 1966 ower the same period in 1965. It hes two or three sowements « week to Beton Rouge The sbowe-¢escribec Temas poic’s were serves frow et ipper’s se.les fec.city tw.ce @ week, with the shigments ; xa betweer 720 ané 2.500 peumts i +a St, shipper expected to ‘ +s Dalles fecility amé serve : po.nts from B.re.nghes. . j nm ipper woder 5” heading i he, Abe H . a Private en es Mer S*ipper sees privete carr. age fewer ant Jobaecr Ship- >? one “on H cury. t and Jom +> Dallas amt Tort Worth be-| per wees applicants’ te:mer Cor { depecbaresis 4.3 willice pounds soe cause it te unable te atte service and has founc pore’ .cs, | moves to these polcts each sonte the type of service it ce- | them satisfactory. It Ale Tre (reffic qoves is TL lets of about sires [t wants tc reduce or has sot aped Ret Beli ove | terminate privete carriage | free Gobiie te Salles Single-line service is pre- | ant it os sot ooore that Ret Bel) anc merchests here tereisece in Belles anc inter e -.0) each other pounds to R.nere. Wells Shipper indicates thet ; . ‘ ue | ! services if the carriers ’ ! showed an ioterest *irerel “elas treffic, water the proposais, souls be interiined «t Dalles with Bercherts. | fifrh-morning Gelivery ¢ Bed Bali Nes Geciimed to j handle traffic to Houston 1 | because of "he circuity ~ 14 MCC. 189 ; - meres eerste oe ~ we ereere owwewse* —__— ——-—7 omoowrer tee —— ai ea ed om ren wae semr— ont eet WoTglas, dee? tae* Tews a ar re kt ae “TV applica’ len vapperted re alot trmcaney of aredtt« oye at om reverts free Sontgomery te Delles, Tes ant other points in Teas ice of AF ond ALAA airgtes. Troe Bireinghes shipper bes to Vicksburg ead Retches, Riss., ot ant hyéer Wiensbere, Delhi, Shrovepert, Betes shipper's treffic Rouge, Sayville, Alenenér le, Plecqeeniae Smigmants to Aissis- and dak Grove, Ls. During Rarch 1966 sippi and Louisiane shipper had eight movements to Vicksburg | polats are sot later weighing ‘,23% pounds. Shipeasts to with Red Bar. Visesbore will everage betwees 7,900 and «000 pounds and the overage weight of . eoch shigeent is about $00 pounds $3. (ae) The Trop shipper’ * Scottsbere. sls pieot Beeline Lap. ¢ to polats in the Sovttwest The sRip- . eqpts are TL ware erty 7 et Temes, 4 Shere Co.. Kississigp!, Miseouri, Bireingeem, Ale.| Shigmests renge = and 13,129 all tiles, coo ote east, structerel ineerts ,bui L4ing “ ($83) milcer[fran ite plasts at ant ¥ire Sores, to points is Rississigp!, isians, ime., - | Coargia, Arvanees, _ mee, Ale. tire Texas Also from Cifeage and Joliet, toa, AAA, e and foes Seeley Baggett. Sor". Led | Bell, -smpoesi. © } peretate, ant Rost- | ” ' | { f 4 Lt a? il raing- Shipper Begeet*. ~Treilweys.. ne of ths Mewstoe cus- © trané-mareing | Bagget’ sing Shipper esevers ime service wil. i! | eingie- Line service to avelé inconsistencies is trene(t times | wees * three- Line neuisStr icesamd to 19 deetinetions in Temas.’ If appiiceast were gravtec | eutharity, shipper's tref by served in two-lime havie wisi Deetor nated sa part of Campbe.s days loed tise for delivery | te Delias ant Yousten, Tes | Littse Mock, Ark , ant Mew | Qrieans, Le \Shipper wamts overnight serv- Bowmen , Jonmeon, Strickianc. ice *o points in Biseiesipp! ant Jones Treasit time end Lculsiams, second- 400s not include all ship- | service to art ° eects which soved éuring third-éey service to poists the period is question. te Tease. Average tines fros Birwinghas to few | whem le * Gays, Bripper needs fester trensit time. Singie-lise service te | pocaemed would allow company ¢ commect to some pointe ‘t = now reach. Seggett 1 | potst- sine service inadequate | Baggett. involved ' because too aany ieverchanges | traffic is seasouel | ewe coused delays ‘ne éeliv- | ie | | 114 MCC. 490 its. ee ie emppere~ wT i. wig. 8. soe" te ‘ - ne ~* ° —, - otou- . “e ory ML ; ary, 4-8 - overage * . necry ~ re + not gotisfiet with the service of | a Ryder. ant | Preters singie-lice service warts fester crensit tise- prefers single lise service | | | ! eee wr eee eeweren are * - RE ARE ILE A AAP “ - ferry il oreemee 6! Te emppere tit wakes — ae lot “Sie a ee, See. re oT Wiletlag cerstces Vousen Yor wewpertlng —sApplication wapwtet esti at ; freqeeaty of treffi« Mikiced i welicetin ont remars —_ | hamtes te r [Masts Taster tervice ie mating “Weator = foes Co, Birmiag | ore eeethly renging betwees 7,00° ant te). ery am. Ale Steel 3.000 pounds. fomee out poets (683) Gare Pras plant sites ot Pelkas ant Sirninghas, 6! 4 , oer jwar's fester treme. Soa@wey ent Strice . i= te Meblis. Ale, . Tie. ot bal. Jommeon. §*r cee propose ear .ce frome ame Tramsit study Pelnes and Birwing , fram pointe in Illiscis, Pichigas, Pens Gordons, weet, | Mowston only «overs abou’ 5 ue. Als. Ser@vere = sy iwunse, Sew Tart, Tones, and Sissise Cole, Roos eeley percent of shigments mx meme 8 | pi. to Pelnew and Birainghas. Outbound, leted. Contre. wbich soved betewer ahowt 10 ailiice pounds soves aomeiiy ant Soutsere Reiirvet ¥ 21/00 ont te Mebile, ant about ) eliiles pounds arias moves aamueliy about 00.000 Temas points , es cemees 69 (662)Jenes 4 | Prem Vichite meat & Co At lente . ale 25 sniguents Offices equipneet | »” (669) Chemica ‘ree Bireiaghas to points is Sississipp!, Campbell, Pyéer, ont |Heeds faster service. Wants the \Strichlent. Shippers Seivest Co. t Deaton. ° Levisions, Artamecs, ant Texas proposed second -4ay service tc commodities require . abe | Agprosinetely 9,625 pounds moves emmusily | Temes poists, ant cvervight coveret venicies. Chemicals end | te the destination States collectively. j | service to Mississippi polers 71. (673) Genesco, |= earteville, ant Flereme, Aie.. to ° , Ret) = (tants more consistest service eggett. Shipper ie in., poists ic Texas. About 3.75 aillics Ball, Last Texas, | anc wants third-dey service. with ant Tleremce, Ale pounds aoves collectively froe these Strickland, an¢ singie-Line- Clothing poists enausliy. | Comsoli¢ated service to Delles, ; amt it is satisfies j | with Rosdway's i | service te same | Temas poists 72. (67) Inovetrial | Tres Bessemer, to polats in Hississippi, | cost Temes, Sercury, |Prefere singie-lise service. Bowman and Jones. 4 Louisiane, Arkansas, Tlorids, Temmesses | Campbell, West, Wants overs: ce to Say ant Tamas. Tifty-sight 2 totaling Pyéer, and Cole Louisiane and Temmesses points, ( specific compisints | 79,821 pods moved collectively to the ond service to ageinst Campbel Gest ination States betwecs 3/31/t6ane | others transit time it study ie 6/30/66. | | te te 2.8 days, and | cludes al) ebip- to Mississippi *.9 days. | ments during period cov ° 7). (691) il—ter free fort Worth, aad Vieters, Tes., to | nea Bell, Cole, Sum- |Ments between l-and 3-day service erick land. ly Co. ime., ehigpers facilitities ot Bireiaghas ant ; Set, and Gordons. free ant to origin and dest ine- aghem, Ale Gededen, Als. Receives about +500 pounds | tien points. Shigper stetes thet | Screws, ening @ year from fort Werth, and betwees § 000 transit time everages éevicws, griiis, and 10,000 pounds @ year from Winters, to! “ebout jf { ant regieters «ith femal shipments to | Cototen T. (697) fee shipper under Tex. nesting ' Boos, = 1S. (700) PRililpe Tres Camesy, Art., Kansas City, Kens., Molt, Jones, Boman, [Wants better transit tive with Sri trans Supply Company, fasten, Le. and Dalies ant fort Horth to Tremecen, ficCombs , bY ie tremsit. Average | ports « oubstential , ile Gadeéen. 1t receives from Coowey 20 TL Baggett, Ross, treusit tise abewt * ° portion b> guivete Schoo, furniture, * year 6 overnight or 2-day serv- carriage. fixtures and froe Ruston | svppiies, chaire year, and from Dallas . tables ant traps, yor service fras Ruston to Gadsden. | ont restewest , ipecet ' 76. (905) Resco, Tres Diraiaghe to poists is Missicsipp:, | “est, Campbell, and Present service is too inconeis- =e mt im excess of 100 . ent. Presest transit time is Als. Welding equip- | LIL chipemats to aheove points free free 1 to 3 éeys. Wants pro- | 114 MCC. 192 : ty & & “ -— yy HFRRIN TRANSL au. CA teow — se enc@os Of deeee vs. to sew Lime Om Ore 28 meme ot +-ee wre t= oo Pe ed ied ter @ei1* 3 —_ - . (oe) Seare- —_. Sine eis aestiey “erd- | Peeeeekey Lelorede ant Hissow sistem cransit tise aise emppariet Bat ope ce. im, | pers feriiitios jocetet at Peinee, Soet- | tenes te Poles. s ecomnt- | Bad Severe, sistiog eine, +4 wunteviiic, Besoeme . on Gore ot i morving service. thisd—@ey to carriers cae oove enere, gute \ mobile, Ale, Pensecols, Riest, ent Orianto Orisnao, at fourth dey te “e wreftic ts \'4- ° tapoags ant Rashvilse, rim fros Kanees “ity some tat jae oarvice Tem,. onc stiaste, “ollege a eee secon Gey earvice te Aisbame | | 4 | ug Thirty LTL shipmeste we ceorgis ans Pansaccls. tie. wet) o \ . a . nm as - d, tre 2, fram Litt ‘are a. fram Merrion, Are sty. BO + need al fs nanphis, * ‘This qxounts to 23 percent | prow tne points curing the parsas of Cine coveres See shipper wder fe oo (BetpGeacesen, | ees ing 4s, (908) Revere — shippers Scottepare, Ale . piant te Texas, Missouri, ant tanees - #7. (ee? Goo - yo Tire 6 Rub | ert, © ber (=peny. | Topeke Kanone city, Kane., ad Bow amros, nie. Tives | Ileane. Le. Ip 1966 shipper woves 10.5 et reistet | eiilion powmds te Topexs,2-1 allliie goes ‘ to Kanees City. 3.6 wiliion powsds | Topeks to Geteden. at 1.6 eile | pounts frue the three Georgia plants te } . ovements ore i percent TL, «4 | Fit abiaice pounds sever free Getedee, te | eunuelly \° 89 (912) Game ire mobile to Mowstan (10,000 powede © Ces icel Company. week) ond Part artiver (5,000 pods . nabiie, Ale week), Tem. Minety percent of the treffic “nenicals as UTE t= (916) United Troe Leeds, Ais. ‘© Deiles, fort Marth. neler Company. H Beewmont, and Rowston. Te Ie 16 ~ aoe per eovet ie excess of 207,006 office chaus | the above polots Ail shipeeots oore in with or everege of betwom ant 7.0% 14 MCC. potots in Winsissipp!. aetenees . Lowsiene, plast to open is | Shipper axpectet the Sante singie- line eervice be cause competition bes singie 1967. sine service Carte overmig"! } service to polsts withis so \ | cites ant sencnd-dey service | to points beyond 800 siles | warewry ont Hot Babs —— nl | to Moweton Por at | paggett, Aasistoe. | prefers single iin service. set Boll. CT. vents faster tramsit time. ant heroes | Single lise service — easertetly ievee* cera ft oma 193 ute He tj ; iy} q i g ‘ Craft ag tit a { ~ tet een ense® + ? 4 ass ee ariet « ~ ’ . feos ef POF 89+ 008 LT. emizeert: | are __~ over ~ 46999 30, with te om.gmonte : OF 0... 4. 2,4 %9 ove + Carpe’ Compan | jStipper receives at £ worete } ue - ed ed -~ ware .* of + C. Sores. | ere + aoere, wrigring *% « * -- “0 . z: a sec, from Dalton amd Atients, - ‘Tm Marte tt corer ngs | Tee 98 oP ipercts from Pome ane 4 wares tlle, G j +. @ i | j ‘ | ' . | "Tereit ts ware Letwees a4 ! -* S078 ©". Lg woererts As. i ‘ “"@ Shipre "s were Seiivores by i i ' | Atlas H 9 C188) Lise ou; ree [. Sorede 25 LT. shipments in Mey ana | oe ehipeert c- Shipper wares SONG -@- 2508 teaser Str i + om Co., £2 Serede sume 1166 moved te and Through lecasor, iabame, Se. que, abiy Lone stent service. i+ Are Fecsages Misc , srmmngham, Ale. anc Atier*e. Ge Tiler 46. owt Commenced weirg pr.vere carr; Pere .cm prec ucts These ohipmerts had a overage weigh of Sare.ine. and Sorcr te Mies. seipp, after beang ic - 2,382 pounds Shipper moves about 1? Tle | Careline, Mervin, Fee formed by Artanses Seat thar ' funtr in privete Carriage to points ic Sell, and Aties ‘his carcler se get wantes © Sesiesipp.. it snips about 60,000 ae | orlginete the traffic handle snipper's treffic *.romugh) © Gunth by for-hire carviers to Sirwinghes | and iccoriive it at ' Greanvi.ie, Mise. ond Milante . Seaphis, Tem. Pri- wete carr.oge is siso i \ eed to points [ | . - % ! see, Artanses, "eane | aed occasionaily nto | Temes * (129) Remington Searcy to Muaste, Ge. and Bireingher. | rowel! origsnetes the Eripper wanes Say service +> Off lee Rachine Als. bgproni 7 Cl tons @ year is traf! Tilvo@ Mtlarte. 5+ 's not satisfies | Company, Searcy, whippet from Searcy to At iente and be- «+t Ol th “he om sting service ve Art. Offies ‘ twees 12 and iS tons « year free Searcy *o | j tA48 point. St igments woulc ve | Powels at Memphis mechions Sireiaghes. The shipments are « LTL ane by bowels and i-ter- If its application Lottie Roce, are. with | er ° *PP-scants shipper’s come week and tc Birwinghas weebiy. Traffic | aC Moagway are usec + wervhouse sis moves to Hew Tors, wr . Pp leselpnia.| for de.ivery of Ship- ATiante so time ir trans Po Pe, Rictmord, Ve., and Slem., Tie ents «co New Tore | impertant fector — eetiofieds with the | interlinucg ar | Mave been received «! enieting Fuweis- | memphis. | te trensit times to B C interiine . | oot tome orders have been service. 2 the transit times to the | other speci. o4 polate to “ior H 5. (1230) Meekis Cos abound to shipper's plants at Springdale Gordons and Jones. Apper wants « direct stegie-ii Jones. Shipper has ° aeé Blytheville, art. fron Sirwinghes, service. \* ompresses « need for weed cones’ service Ciacioneti, Onic. Ais amd Atlante, Ge. Shipper receives, o¢ the proposed second-day service | end toscribes it os Comtginer coment , | its Springdae plant free Atlante abou: ; | tree Birmingham and Atlerts i pounds +| Mtlemte, Ge. and Sirmingtem, Ale ate H | geod. This error Chemicals, sinc 492,000 of TT oy men's ané between | | 2 pments of contecor crment "as provided jre- bf Onide, paste, and | 2,200 and «000 pounds of LTL St pment s | T9440" protective service et | lective service. tie plate twice @ gonth. The Biytheviile volume is temperatures bein #5 dees thar this. | ipper's °hicage | Supplier has opened » new plant y Atiavte and wants to supp.y ' | Shipper from this poins Tee shipments froe this Atlante faci.ity were nand.ed by | amd Jones is .tteriine service | j Shipper was not satisfies vite ' he ane b- aay service ineius- | 6: tans . : a . ing -wehends fi - (232) Bear trend |Inbow.s free Atlanta, Ge co shipper's | howmar. cordons, Pripper Wants tingle-line, Jones Shipper Roslery Company, mlice at Teyetteviiie, Bertonvilie and | Campbell, and Jones | Mey service berweer its three indicates that the Chleage, Iu. Siloam Springs, art. - j Shipper uses Bowwan Artanses Bilis, oF the one —, Service involving 4 Unbown-syothert 1c Feceived twc or three tiaes - Gurt~- interiining +i ct loved 4, on the oner, Atiante-anc | Bowman .-teri ining yert. Gutbound- downed shipmests aove fron Tayetteriiie from Atierta and Bireinghae. [1 does not receive with Jones is not ts wyethetic hosiery. | and Bentonville two or three times « wees P.reinghes S.0gle-lioe service between set .sfectory 3 ce Atiaete and Birminghes, Ale The soip- | | these points Transit time is Gents weigh berwees 100 ana 356 Pande. | ‘epertant Decause shipper has ' production schedules tc meet. it) 5 i | sliew between $ and ? deve tor | Z | 9 Qeiivery 4 7 G99) Seseepeare| fron fayetteviile set. through the | Jones handles ship- Pepper “ante direct, oingle-Sise | Jones % z + Kalamazoo - per “s traffle op an service to Birwingtas and 5 Ried. Golf ant “ere shipper Ses movements to 33 poivte | imterline besls wir> Atlanta. It ailows & Gays for _ 3 fiening equipeee: i” Alabame, % polets in Georgia, i160 | mapecifies carriers | delivery with the misting | .0 !.eride, * in Caroline, | A | service. Jones of 24 50 polets in Morte Careline. It has +c0ud-day service would meet i é Geily LTL ob of S06 te 27,000 | “ipper’s needs. Shipper has | ct ring free fayetteville, art to wperiencet difficulties witr. : = through Siruinghes and Atlante. Laghty © | trecing. A | ceresrt Of rhs ereffic se handled by two | ° oF more carriers i on ae 2.7) fore “geste, are ane PRO) watte arta | See shipper auder Temas beating. Ser shipper under Temes heeding. is, labow peers f) Prom Smeckower, Art. 60,000 te | | i 80,0008 ponte monthly to 200.900 pounds eenthiy te posts Hl | ‘ | “Th qeaestities™ rei te j | whe Carcl.ass, 30,000 pownte ‘ Soethly each tc Chlcage, Ili. . H ' | Senses City ane St ouie, &.. ! 50,086 pounds goethiy te epec ified ~_ ‘ ' + (3%) = Brows. Ryder, Georgia Rx ewel. Ram | Bigheey (Gel iveriag fectaing Campers | cart lers) Bercery, *. ih ' ' ame Nenry Truck L.ne | ; te Tieride Gurwertiy | mre Throwg? Bempels | getewey, Det shipper i | would etilige Atlante more often [f it couid | a> C998) Ce) lie from Bireinghee, dle. ant Carpets. Ine | athavte, Ge.. amé polets iz ~ttt.e Roce Sessachieetts, Tenmessee and | Pemmeyiwania te Littie Roc? » SOT, Bee - man, *yder, Roadway, | Pee Georgia, and iock a) — Atlante, Ge, Birminghan, Meteon, ABT, Castern, Strackiand, Jones, end Bowman wri ae » Barres, Howstoe, San Antor.o, | Specter, PRL, Red Shupper nas 20° ot the Supp. Co = Fort Worth, Tem, and Greemviiie, | Bell, Bed Line services of sewera: existing Greesert, art Mies . °c Srosse't Shipper receives ‘ cartiers. Shipper etetes it Ls mp parte. | Detweer «0 end €0 shipments @ @o: { Betting goo! service free odwurt with [Se shipmerts averaging between | Dalles omipwest, ent =| 200 anc 500 pounds j in@vetria) A H eupp-.0e | i | Appiicetic: :..por-ed and 14 MCC. > . ‘ t ae :« toa Burts Ce. kane, ot? . « . ower, wage 8. Are a ° oe j::s e : $ » c= “nt vee na ee orest .er - ee =_ery i were weet to Bireinghee, Berto e th pom eh.pper © 5 ents 4” SRN teens a doweli, and fort Smith, Art 14 MCC. Trenscon, Bet arr ieae + twey. Ae! werm.ce, lame Lae wate ) cers. - commaster’ ce fom At aarte tase service fester gore «omelet: ~~ onete ~ Veme eet amp. * ' Ievetee ont ' \ . cestinee . wervice to ee eee nee | ede ‘ea VRS ashe ea DDN Sa es Meio “Seas; | Birmingsas [feces “arses wees Abe . eno Get mations, » 90 ’ ref +o -a3s Doren anmea.., | range betwee: ‘2 amd 300,00. .suncs From 4: a: "s end Catton, ce . toanwre, Virg.cue Wece, "ex. to Name berwee LO ant ang Le..as, Rouwst 8 @archly, remy.e - + uate ‘Pram fi ccrecc - cighting. | nae : ™ from Rogers tc Atiaate. ce . ant ~ Ale Bows 2 Bi. lor Arvavsas Best, FP at | States 198 SEM NTR eo MOTOR CARRIER CASES, INTERSTATE COMMERCE COMMISSION ‘ Strice ent Jones * o feys .enc ‘ume *renacer offer éire' ¢ te ‘ . = & » Bort) ame. ine. Mo.” o Mme tee +’ Care. eorg-e. Tloride, Aiebame. « r *ipper ‘reneparts pre -.& t now. fer with a average wesg™t of 600 poaunws ea lor igs amt * says Te @-- areas “Ve singie-.sae service fro= — _orway ec .* t00s met neve te hme —-e o~r eq peer” rrese” re solet-ilee service too s.cw cwey. are A.iows iead time of 7 to 10 x mm. fe seve to the points ss the north- ‘ram Commer « neers re wont t: ,0-ée tc Fier .ae gerewey. mine snipper et +t. S-Gaye te pointe © 4i4r"t sow eb ~ e Sout beast Beods } ts + Ser roury car also verve service to 61. potets ¢irect tram Comer, * feapris od round, Mobi.e *.@ "= Gravette .25.00 fester service sents 2- ad -ipper = eatia- se veer ~ ton Ps -e between Atiants ox fet «.t Byser ® wo . - erte ent between br ace service 5ee shopper > . enc Mot ..* ater Piase Mwoting : | feats “aster sem. © — frm Atlante "* >pringse-@ are. Be * gures give: es tc vo. me or freqvem: . Free at.acte, 2 end B reiagnes. Ale. te Springca.e Receives *.S0C powmts of LTL sbipmects « month froe Atiacte anc the seme from 3. -eingnee crea, wer 7 Average "rensit tame fran bow. [> -Tesentiy evels- . ‘ 0.) days inciuding | able") & ipper with weehe:ce Gents 2 Gay serv ce tvder Jones from Bure .ngree er 8° one te -. 8 Trem Camden te poets undue t*.8ye — « wepette Sach (ere.ine. i .oridée, > C ships epprosias | worth te the above States Shipments bei., Mal, ame Ryder average SOC pounds Aise receives grape Reilroacs 6 UE ‘c.ce free Bew Tore, anc orange ee ed «dapmen=> a month weighin® yolets an # arama. Tieride Powe) intersaping © tP-ppor* oe anc Tennessee Ss +* 000 ayser. ed Koower, (7 sus... Rod. nsor. Sry cane, Bagget’. eemorie ft [Tk Camppe... and vibing >: ¢e ex * apema, ane J-Gay serv. . Leg tne are ines and "ie *e 14 MCC aE ER Es oe aon - 7 " 654 MOTOR CARRIER CASES, INTERSTATE COMMERCE COMMISSION emary >{ evidenss of eupporting emppere— ont med ‘ ARF ANSAS —Comt 1 cued te 3 ‘ Thlpper, | ovlgine, destinations, volume. type TaTetIng services | Weason for sgpowting f ip; icatloe supported a. location bed | and frequency of treffic wtiiised eppi.cat ion H end remarts a commodities — x + ‘ “ST” TIS Fram Fayetteville to Atiante, os., areen- | ~ , Jones per F Yearety -407 service Little Sect, Piaic, x | =. Gmerei —=y, Grereite, HL, ' eee ayéer, . j Caterbe | ss) 6177) Prem the stlecte. Ge. ent Birwiaghes, (le Jones, Settee Steres geteumpe te shippers eteres loceted et Red Ball, Owernite, Seeteerilic. Seeteerilic. Springfielé. Siicem Springs Time j art. Gomera ant Bagers, art. 41) sare UTE Cates. + } Sertons. Murdoch. Serper, Sarces. me | ' Trmreves, Meckaber. | | Sennis, Treneces . | | Pine, Creme, ac. | | “ fmabers, Seles. } | Mudie, Standard. | | Saggett, Geet. FCF ! | aed Bigheey - $@ (781) Tlee Prem fort Smith te @tiawte, Ge. ans | Garcons, Campbell ° | mate to interline directiy witht Jones | Jones. Preseutiy gettiag ie eoerwi day service Teect Lise, Bireiaghes, dic (and bepend). Setwees | Geroury, AMT, Jones, fort mira, 500 ant 1.008 pounte headled te above | comsleteat art polsts ant beyond each day | Mente consistent 2-day service te atlente and 5 se (7m) fr poiats is Tleriés Jones, Cumpbei., Jones would give chipper d-dey | Jones has wide 5 Rigged 61,73 pounds te Pleriés Goring Byter. end Tresecee eurvice te Atiests getecny choice of existing serv Register Co 3 Beli, Cowtre., Gants single-iise service te =| ices threugh sary . Tamiami, Red Bal), Atlante Sverage treseit t iy feyetteriise, Tereinel 7.2 devs incinding weetendes act. Pristed Allowing * Gaye lead tine te ao Lente 1 oo. (787) Trem Silees Springs te Atieete, Ge. ond Colonial |coiseial Gees sot neve eneugh donee. Coiemdal offere Allee Lessing . ale od te chip eoqeipueet te cert éemmnds. direst service. igper . * 200,000 peumde of feed to abewe points Bicper reqeires refrigareted waited os long os 7? sueks Silee ie 1967. Shigped 7,608,660 pounds is i066 , servies to get equipesst free . meee Colonial Shipper seeds coal best 10 crallere « woot 4. (791) Game roe Geetgemery, 412 co Sileam Springs, Campbell, Jones, ‘meets © eure direct and 6 fester, Janes. Campbell's route ts Weee), Silems shigger receives ‘hres shipeests @ peer Tremeces, ABT, Bow service. Gants secent-cerning very circuitews ferings, tet. cach soighing fram 77,000 to 36,008 om, Rypéer, Caton, services te Atiasts. ——— pounte from Silcem Springs te peists is 2.4.4. Beble ont H trweht weiier Alabeme, Geurgir ont fleriée. Ghige is art -Sest { mics. Ort - emcees of 775,000 pounds « earth H H pownd whee Ls, i wane Gree, { | weller wile 114 MCC. HERRIN TRANSP. co. EXTENSION—ATLANTA: GA. . eran, of «deme of eupportug emppere Contin oe ARKANSAS —Lont imued _--—-+— _ a en ae — —_—-- oo ¥ ne, eesti ast ions, veiume, TYPO 1 ang services heascr for support ing Appis 6a weppertes ant frequency of veatt etll se opp. ication { ans reeerts Dorecc tc sreenv..-©- mies Re Me serrir ange asne Serv .ce wa ld avoid | Ret Be. ané Birwingres, °-e Ships trec.%@ pre Mente over- (e0e to. pt end 0G sem ice te ureery lie ent) to Atlante seccng aa) servi"@ “S at iaste enc ah.pe | art t.coneuen ! (wana te ! e ecc Seat b.re.ngnem, A.@ ace we an Ser OT - oe ‘gster fe, iveries waversiée atianta, G&.. Te lote ema LTL Sript oe. | service 7,006 and 100,006 pounds @ sontl . ke 8 ant bo reing ae yo «me gery .ce om stipper “en spec ifs Phd > omp.e--t8 ° ‘ . roe atiants, Ge end Bireicgms. aie to yoréor, Merevry. *rensit tame true Jones sorte offers fort Seite (e000 pounde « wort’ Campbe.., Bowmen, Bireingnes is =) gays ince sing line service b Meneis. ETH. wo ome ng vootents. _ Campiels offers singie- t emt TIE jive service fra ¥roe atlanta, =. en Sire nghae, Ale“ Springdeie. Receives ebout 100 LT. ship- Wo. esele TY eerts from A lante « year ~ 2s ariety Store, ~ i Siren Spr .ngcese. i are Piece om csothing i te (6: free Atiante, Ge enc fire ogo Rectic Com ways to points iF Arkenses pany ix | appr on imetesy .oC LL peers « your eas of “he seascr “rene.* | steady omiy represents © -_) portion of “he -refftic “aerent Mente singie-line service free = -one* Gateway of SoST t au iproe sriente. Ge te Sa ingusie Receives TIAL , Jones. weil LTL shipments frase A: .ante about twice « “ yiret or atiante Shipper oot set io shipercts “oe beee te namfecturing sont’ tl wanting of the capeny. im P Spe -ngaese. are Cotter pase goods se (613) Bete: Tree Comey to polsts ie Alabame. soorgs. Stamping Cor T.oriée, Berth Carolina, South ©aroiine. goretion. Tennessee Virginie. nary lect, ond bd ‘o— jersey SD 0 000 50 ,.00C veoding = LTL te above points © =eorh. =ecbioes | weighing betwesc ent 6,000 punts “™* erage ob 'puest waigha, 1,000 pownts es (als) Yar [See enipper vader Ob -cheme need ing \re feyetteriile tc Atiaste, Ge. j Jones. ° Wants secont -éey selsvery to \tonms Service te Carc.ine® Charlotte, BC . ant ange ant fort Trurstor . orton, Bireinghes anc Atlante ie presentiy ¢ Lauerdaie, Tis Ships LTL 100,000 pounds creme ae Campbe)s lime Baws t apps. -o 30,0 ; e to st owt pounds to Tempe ant fort | eeias be 8 “wo om ent 200,00 pounds © your te =. ~.1 (02., wewse Prom atieste, 2 ant Bareingnas. 4.8 Bete wureson, Trea, Wants © eing.e-.:ne eery average of 160 pounts _ Bowman, aor { “.uding weer | it® outbound traffic. * Inc . days les Compbeil offers direct * Bentowrilie. | H secome day service tu Atienta | service to Birwinghas my Art. tusiness | i ant Bireinghas ant Mobile. Trensit € | time appears tc be f } ' | reasons ie boer nes not 3 Litetion mig H Atlanta, Ge (as gatewnys) Trem 8/75/66 Bowmen | Atlanta s roe « ser .ces of 5 P . | te 17/30/66, sai Varip | ge gies yrder "\ speec ., .©..ver.es i severe. joint-line a Siliees | Meets te pointe is Flerige, Alebeme and | | Mente second morning delivery carriers ower the ~ Springs, are Geargia with an everage weight of abet | te Atlante anc B.reinghes ! Birmingham getewsy 5. Cor washing 0 SRipper moves } to 8 hip | | H “ oo. i paeet | SEPts @ moEth weighing about 800 te 800 ! | pounds to Birmingham. To flecidn, ebipper { | Sores about 5 or 6 shipments weighing | i . | between 180 amd +,000 pounds | . j | 9% (7) Trem Seriette. . ° are | word. ue, JM, Ryder, | Wants fester sing.e f ones ve or sis moter t Tees Office | pe-ete te Berth and Sewth Caro! ine to Sercury, CTW, ice | carriers cperare between Supply anc | fart Smith. Receives 6 te 8 sbipments « | Campbei., end days exciuding weerends Wents | Memphis arc fort Smith Peraiture co | veer fram Rarietts with each weighing 750 Overnire 2-day service from Atianta Shipper has never used ond Tess | te 300 pounds. receives 6 +o 8 shipments | and Birminghae and i-dey serv- the Reaphis gateway Printing * year from Birwingham with each weighing j ice froe Spartamburg, SC to | Conec. dated freighweys 2 Compeny. for | between 300 and 500 pounds, ant receives Atlanta | Offers sing.e-line mic. at ? shipmeets « sort) froe the | service. 5 tie with eect weighing *00 to 600 poe me | (ees) “S piaets et Resselivilie, ark/ aac, Trenscoe, Ower- jwarts « gie-iime service pes Bell. Shipper stetes ol Roctmee |. and Suipter Springs, Tex. to @reeeriile, , thet Pec Ball's service w Semefactar ing (Mies . 8 + Ale., amd Aitlawte, Ge H aH . | Cady volume figures given are fron = Pittetueg. Pe suipher Springs (abowt 180,000 pounds « 4 Part iag seters | sceth), to the - Sripe to s * ond walves atleets frow Sulpher Springs tihree to lime Newl carriers ewveil- cms four times « week (LTL) able. There are no apecific 4 complaints about transit ia time e =. (832) Po specifics given wt imvoives trene- to inter.ine with appii- owner: » Power Truck porting gener) commodities te polsts ir b tise, Im... artenecs, ond femphis, Teno c Searcy, are Z Cm # carrier. Goit | Treckt Liss, i x Iec., Comemy , ot. Camee carviar . | | 114 MCC. HERRIN TRANSP. CO. EXTENSION—ATLANTA, GA. Swear, of evidence of mepporting elippere—Coot {mec A aS a aaa eye Taye na Corporetion, COMORADO 7 ~Srigias, destinetlons, volume, “/pe Taist ng services | Beason ‘o> supporting = ant frequency of treffic sti. sted | CY ee ed F ~ 4 Sesles. Str.chleni ¢, 4 @ililer pownds froe | * 5,000 pownds from Prince | vee¢ ir | | 1 | | synthetic | | -.s0f pounds free Pear. service res.ns, River. Most of this traffic @oves un veterinary sets, =~ shipper hes @ consiste Dic.ogicals, 1s frequest. need for wn serv ! arugs end | .ce. Shipper expects # 13 percent | | wedicites 1 o.- a c oreare > its Dusirers through | | ao/8 | | | a (092) from Wes" hartford to poists if Temas, Dunham Bush, Lovisiene and Fississippi Shipper eves inc , Meer | @bout 70,006 shigmerts to Baton Rowe, Monroe, end Shreveport. Ls end Jackson, #.ss Sesto’, Merc ‘erts, ET GwEC Temes 6 Fe Be Ba... Aners ee shipper umder Rassechuse' ) wee ¢ ! Ls» pounds @orth.y of LTL . | | Focrville, Coon | ' 114 MCC. ' rTese* {c.n%-..ne service bias Be. Mu ev tence eseorten "o b.ce | ! ; Gays, enc thet trensit times | to Atiente fo now range between 3 deys anc | specific complairts { Prefers Sec Be. -s sistency Nas refr geretec eq-.pmer ana ther if it ae grarted the authority sought Bowmen will reinsrit ew ore, anc Me. “ersey end De , ‘ wer tec oc mg cycle if tye the trans. ¢ '.5e@ was ma # Serer sey, «gee ENGEL MK POTN RAL Sit SBN A BN tg Mica Be a bs 658 MOTOR CARRIER CASES, INTERSTATE COMMERCE COMMISSION Samar, of evidewwe of mpporting ehigpere—Cont inued OlLAmAaL Tilpper . ma, destinations, volume, type Galecing services Reasce Tor supportlag ‘| Appi leetion supported lecetion and and frequency of traffic wtilised *pplication ané remerts it | | 7 pper under Nadeachesetts beading. | ama | Seckferd, Del. TLORiba a. Hl | le, See shipper ender South Careline beading. | r. ' 2. (ee) Gutbownd shigueets seve fren Gieni te Bowmen. Ryder and =| Saipper wants 3- or s-dey serv |Bowan [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0357%3A01. Public record. Not legal advice.