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NEW MEMBERS

Benjamin R. Achenbach, Jr. (A), Hale, Russell & Stentzel, 1001 Connecticut Avenue, N.W., Washington, D. C. 20036

Mark Joseph Andrews (A), Verner, Liipfert, Bernhard & McPherson, Suite 1100-1660 L Street, N.W., Washington, D. C. 20036

Fred J. Batliner (B), 8142 Chester Avenue, Niles, Illinois 60648

Mark E. Battaglia (A), R. D., Annandale, New Jersey 08801

Matthias J. Bishop, Jr. (B), C. H. Dexter Division, The Dexter Corporation,

1 Elm Street, Windsor Locks, Connecticut 06096

John M. Brady (B), The New York Port Authority, 111 Eighth Avenue, New York, New York 10011

Craig G. Collins (B), 4950 Andrea Avenue, Annandale, Virginia 22003 Michal B. Cotten (A), Clark, Thomas, Harris, Denius & Winters, P. O. Box 1148, Austin, Texas 78767

Fred R. Covington (B), 4373 Nelson Drive, Richmond, California 94803 Edward R. Czisny (B), 1097 North Overlook Ridge Road, Diamond Bar, California 91765

Walter T. Evans (A), 615 Perpetual Building 1111 -E- Street, N.W., Washington, D. C. 20004

William T. Finley, Jr. (A), Sharon, Pierson and Semmes, 1054-31st Street, N.W., Washington, D. C. 20007

J. Marshall Forsyth (B), 1766 South Cape Street, Lakewood, Colorado 80226
L. Theodore Goll (B), Mawson & Mawson, Inc., P. O. Box 125, Langhorne,
Pennsylvania 19047

Thomas J. Hale (B), 16A Frances Street, San Rafael, California 94901
Allan H. Harbert (A), 85 West Broad Street, Bridgeton, New Jersey 08302
Bruce H. Hamil (A), National Paint, Varnish & Laquer Association, 1500
Rhode Island Avenue, N.W., Washington, D. C. 20005

Clinton E. Holland (B), The Lee Building, 3881 Leesburg Pike, Bailey's
Crossroads, Virginia 22041

Brian P. Holtz (B), 2141 West Green Tree Road, Milwaukee, Wisconsin 53209
Jimmey L. Kaiser (B), 2210 Broadmoor Drive, Champaign, Illinois 61820
R. Joseph La Rocque (B), 2409 East Miller Street, Seattle, Washington 98102
Martin J. Leavitt (A), Sullivan & Leavitt, 1800 Buhl Building, Detroit, Michí-
gan 48226

John S. Lenke (B), 339 Arbor Drive, South San Francisco, California 94080
Neil S. Llewellyn (B), 8807 Oxwell Lane, Laurel, Maryland 20810

R. H. Lipscomb (A), Seaboard Coast Line Railroad Company, 3600 West Broad Street, Richmond, Virginia 23230

Burton M. McDaniel (B), 6771 Springpark Avenue, Apt. 202, Los Angeles, California 90056

Eugene M. Malkin (A), Macleay, Lynch, Bernhard & Gregg, 1625 -K- Street, N.W., Washington, D. C. 20006

John M. Musselman (A), Rhoads, Sinon & Reader, P. O. Box 1146, 400 North Third Street, Pittsburgh, Pennsylvania 17108

Robert G. Parks (A), Law Office of Charles W. Mulcahy, Jr., 200 Berkeley Street, Boston, Massachusetts 02116

Earl E. Pollock (A), Sonnenschein, Levinson, Carlin, Nath & Rosenthal, 69 W. Washington Street, Chicago, Illinois 60602

John Miles Powell (A), 4371 Lee Highway, No. 401, Arlington, Virginia 22207 William D. Randall (B), Edward Hines Lumber Company, 200 South Michigan Avenue, Chicago, Illinois 60604

Richard S. Sandgren (B), 1022 West County Road D, St. Paul, Minnesota 55112

Leonard H. Shapiro (B), 2032 Race Street, Philadelphia, Pennsylvania 19103 Robert G. Simpson (A), Souther, Spalding, Kinsey, Williamson & Schwabe, 1200 Standard Plaza, Portland, Oregon 97204

Russell E. Stone (B), 3301 Henderson Mill Road, Atlanta, Georgia 30341

-439

Thomas W. Thompson (A), 911 Bank of Knoxville Building, Knoxville, Tennessee 37902

George L. Wenrich (A), Senior Real Estate Attorney, Southern Railway
System, P. O. Box 1808, Washington, D. C. 20013

James D. Westfall (B), 951 Delores, San Francisco, California 94110
Peter G. Wolfe (A), 425 East 63rd Street, New York, New York 10021
Peter Wolff (B), 220 Palisades Avenue, Cliffside Park, New Jersey 07010
Frederic L. Wood (A), Donelan, Cleary and Caldwell, 914 Washington Build-
ing, Washington, D. C. 20005

Wilhelm A. Zeitler (A), Real Estate Attorney, Southern Railway System,
P. O. Box 1808, Washington, D. C. 20013

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Transportation Con-
ditions

3. Finance

33 Purpose of Issue

34 Alteration of Securities

4.

Service & Operations

43 Line
44 Accessorial
45 Allowances

5. Rate Structure
54 Joint or Through
Routes, Rates &
Divisions

55 Competitive Rate-
making

6. Rate Level
64 Compensativeness
65 Charges for Special
Services

66 Class Rates
67 Commodity Rates

7. Equality of Charges
73 Special Service Charges
74 Undue Preference or
Prejudice

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05 Types of Carriage

06 Corporate Organization

16 Proof

17 Hearing

18 Decisions

19 Judicial Review

27 Disposition of
Applications

28 Transfer, Modification,
or Revocation
29 Abandonment

35 Corporate Reorganiza-
tion

37 Accounts
39 Costs

46 Safety

48 Liability

49 Discrimination

56 Demurrage & Storage
57 Tariffs
58 Charges

68 General Increases or
Reductions

69 Passenger Service
Charges

75 Intrastate Rates
79 Inequality of Specific
Interstate Class or
Commodity Charges

86 Leases & Operating
Agreements

87 Disposition of Unifica-
tion Applications

02

02.0

02.06 Legislative History

0. REGULATION *

Federal Regulation
Interpretation of Act

02.06 Conference Report continues to refer to "certificate or permit,” as do explanatory remarks concerning conference bill made on floor of Senate. In light of plain legislative history and in view of fact that such construction is necessary to give full effect to terms "certificate or permit" as used in statute, Sec. 312a may properly be construed as applicable to contract as well as common carriers by water. W-239, Universal Transp. Co.-Cancellation of Permit, 337 I.C.C. 840, 846, 12-14-70, Div. 1.

02.2 Interstate & Foreign Commerce

02.23 Local Part of Through Movement

02.23 Goods shipped from one State to a warehouse in another State with no specific destination beyond warehouse known or intended at time of shipment, come to rest in warehouse and distribution thereof from warehouse to consignees in same State is intrastate commerce. Reshipment of an interstate or foreign shipment does not necessarily establish a continuity of movement or prevent shipment to a point within same State from having an independent or intrastate character. 275 U.S. 257. MC89377, Sub 2, Timm Trucking Corp., Ext.-Suffolk, 12-2-70, Rev. Bd. No. 1.

02.23 Proposed motor operation within confines of Florida is not subject to ICC economic regulation if applicant transports out-of-State, ex-barge shipments for which immediately prior water transportation has been performed either in private carriage or for-hire water carrier exempt from economic regulation pursuant to Sec. 303 (b) of Act. MC-115491, Sub 117, Commercial Carrier Corp., Ext.-Salt, 112 M.C.C. 415, 419, 11-10-70, Ap. Div. 1.

05.20 Generally

05 Types of Carriage 05.2

Contract Carriers

05.20 Applicant does not state that he will assign equipment to exclusive use of supporting shippers or receivers. Furthermore, authority sought would allow applicant to serve more than a limited number of shippers since he could serve all "individuals requiring towing service." As for second criteria, applicant's proposed service would not be so specialized as to be essentially different from services offered by motor common carriers transporting same commodities. Applicant has failed to show by convincing evidence that he would perform a contract carrier service as defined in Sec. 203 (a) (15) of Act, and his request for a permit will be denied. MC134236, Clyde W. Ferguson, Cont. Car. App., 11-5-70, Rev. Bd. No. 1.

05.20 Applicant proposes to continue to assign motor vehicles for exclusive use of shipper and to furnish transportation services designed to meet distinct needs of shipper. Therefore, authority sought is clearly within either alternative test set forth in definition of contract carriage found in Sec. 203 (a) (15) of Act. MC-59640, Sub 20, Pauls Trucking Corp., Ext.Sussex County, Del., 12-9-70, Rev. Bd. No. 2.

* References to mimeographed decisions which are not to be printed in full in Commission reports are to docket number and date. Cases to be printed can be found in the advance sheets of the ICC decisions by reference to the decision dates shown. ICC decisions included in this issue cover those served in mimeographed form.

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05.21 Applicants offer a specialized armored car service, with uni-
formed guards, designed to meet distinct need of Bureau of Mint. Appli-
cants must also take full responsibility from pickup to delivery of each
shipment that they will transport. Therefore, proposed service meets al-
ternative test of contract carriage as set forth in Sec. 203(a)(15). MC-
3083, Sub 38, Wells Fargo Armored Service Corp. (Tenn.) Ext.-Fort Knox,
Ky., 11-13-70, Rev. Bd. No. 3.

05.21 Record fairly substantiates conclusion that applicant will pro-
vide service designed to meet distinct needs of each of its individual cus-
tomers. Closely coordinated, flexible, and tailored service proposed by
applicant clearly reflects type of specialized service contemplated by statute
as forming basis for distinction between motor common and contract car-
rier service. Service proposed by applicant meets statutory requirements
of motor contract carriage. MC-125479, Sub 11, P-N-J Kornacker, Inc.,
Ext.-Malt Beverages, 112 M.C.C. 580, 586, 12-8-70, Ap. Div. 1.

05.21 Applicant proposes to provide shipper with an expedited de-
livery service providing Sunday service which protestant cannot offer. This
weekend service and scheduled deliveries meet shipper's distinct transporta-
tion needs. Therefore, proposed operation is that of a contract carrier under
Sec. 203 (a) (15) of Act. MC-134215, Sub 1, Minnesota Exp., Inc., Cont. Car.
App., 12-14-70, Rev. Bd. No. 2.

05.21 Common carriers are unable to act as "house carriers" for sup-
porting shipper. Fact that shipper still will utilize common carrier service
for LTL movements, does not refute existence of a specialized need. Per-
mit granted. MC-128343, Sub 11, C-Line, Inc., Ext.-Nails and Materials,
12-23-70, Rev. Bd. No. 1.

05.21 Dedication feature of Sec. 203 (a) (15) has not been met. Re-
garding alternative feature, namely, of a proposal designed to meet distinct
need of shipper, no showing has been made. All Board has is a general state-
ment of shipper preference for an expeditious, responsive service-something
which every shipper hopes to obtain from carrier service used. Applica-
tion for permit denied. MC-87088, Sub 7, Sooner Exp., Inc., Ext.—Carthage
Cheese, 12-29-70, Rev. Bd. No. 3.

05.21 Inasmuch as proposed service appears to involve no more than
repetitive point to point transportation and exhibits no specialized features
sufficient to qualify under second alternative definition of Sec. 203 (a)(15),
applicant has failed to establish its proposal operation as contract carriage.
MC-134445, William H. Dees, Cont. Car. App., 12-30-70, Rev. Bd. No. 4.
05.22 Assigned Equipment

05.22 Inasmuch as applicant proposes to assign specific vehicles to ex-
clusive use of each of supporting shippers, contemplated service is within
statutory definition of a contract carrier by motor vehicle. MC-102982, Sub
15, George W. Kugler, Inc., Ext.-Unloading Devices, 112 M.C.C. 653, 659,
12-18-70, Ap. Div. 1.

05.22 Proposed service would be for one person, INS, and vehicles
would be assigned to that person's exclusive use. Applicant's proposal
therefore constitutes motor contract carriage as defined in Sec. 203 (a)
of Act. This conclusion finds support in a number of proceedings in which
contract carrier authority has been granted for transportation of passengers
where it appeared that someone other than individual passenger would
arrange for and pay cost of transportation. 99 M.C.C. 117. MC-129841,
Sub 1, Whitfield Bus Lines, Inc., Cont. Car. App., 112 M.C.C. 638, 12-22-70,
Ap. Div. 1.

05.22 Term "assignment of vehicles" within meaning of Sec. 203 (a)
(15), is in nature of a firm commitment to supply equipment in accordance
to shipper's needs, satisfaction of which is prior to, and not contingent upon,
applicant's other activities. Where as here, more than one shipper is to

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