CASES DISPOSED OF BY THE COMMISSION WITHOUT PRINTED REPORT DURING THE TIME COVERED BY THIS VOLUME

SHORTENED PROCEDURE CASES

PATTERSON, Commissioner:

No. 28889, GREAT LAKES SUGAR COMPANY V. CHESAPEAKE & OHIO RAILWAY COMPANY ET AL. Decided August 3, 1943. Applicable charges on crushed limestone, in carloads, from Calcite, Mich., to Findlay, Ohio, found unreasonable. Shipments found not to have been misrouted. Defendants authorized to waive collection of outstanding undercharges. Donald F. Melhorn for complainant. John J. Fitzpatrick and Carl R. Henry for defendants.

JOHNSON, Commissioner:

No. 28845, ALBERS MILLING COMPANY V. SOUTHERN PACIFIC COMPANY. Decided August 5, 1943. Defendant's out-of-line charge, made in addition to the line-haul rates on grain and grain products, in carloads, from Klamath Falls, Oreg., and other northwestern points, transited at Oakland, Calif., and forwarded to Los Angeles, Calif., and points intermediate thereto or beyond, not shown to have been or to be unreasonable. Complaint dismissed. C. S. Connolly for complainant. J. R. Bell, G. H. Muckley, Wm. Meinhold, and J. E. Lyons for defendant. Eugene A. Read for intervener.

JOHNSON, Commissioner:

No. 28937, WALKER-HOVEY COMPANY V. SOUTHERN PACIFIC COMPANY. Decided September 7, 1943. Demurrage charges sought to be collected for the detention near Canby, Calif., of 10 cars loaded with logs found unreasonable in part. Defendants authorized to waive collection of charges in excess of those found reasonable. A. Larsson for complainant. J. R. Bell, G. H. Muckley, J. E. Lyons, A. A. Jones, and Wm. Meinhold for defendant.

PATTERSON, Commissioner:

No. 28933, AEOLIAN AMERICAN CORPORATION V. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY ET AL. Decided September 29, 1943. Rates on unfinished piano actions and keys, in carloads, from Essex, Conn., to East Rochester, N. Y., not shown to have been unreasonable. Complaint dismissed. Abner Pollack for complainant. A. S. Knowlton for defendants.

MILLER, Commissioner:

No. 28948, V. VIVIANA & BROTHER MACARONI MFG. Co. v. INLAND WaterWAYS CORPORATION ET AL. Decided September 29, 1943. Barge-and-rail rate on macaroni and spaghetti, in carloads, from St. Louis, Mo., to Fort Worth, Tex., found not to have been unreasonable. Complaint dismissed. Wm. F. Sindal for complainant. C. W. Waterman for defendants.

MILLER, Commissioner:

No. 28874, COEBURN PRODUCE COMPANY V. NORFOLK & WESTERN RAILWAY COMPANY ET AL. Decided September 29, 1943. Rate on scrap iron, in carloads, from Coeburn, Va., to Zanesville, Ohio, found not shown to have been or to be unreasonable. Complaint dismissed. C. Peyton Collins for complainant. Lucien H. Cocke, Jr., and D. Lynch Younger for defendants.

PATTERSON, Commissioner.

No. 28882, COAST PACKING COMPANY V. UNION PACIFIC RAILROAD COMPANY. Decided September 29, 1943. Rate on hogs in double-deck carloads from Columbus, Nebr., to Vernon, Calif., found to have been unreasonable. Reparation awarded. Alez. Gould for complainant. Elmer B. Collins, Dana T. Smith, and W. H. Fitzpatrick for defendant.

JOHNSON, Commissioner.

No. 28904, SAFEWAY STORES, INCORPORATED, OF NEVADA V. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY ET AL. Decided November 23, 1943. Rates on cabbage, in carloads, from certain California origins to East Portland, Oreg., found unreasonable in the past, and to Seattle, Wash., found unreasonable in the past and for the future, but not otherwise unlawful. Reasonable basis of rates prescribed and reparation awarded. M. J. McCarthy for complainant. J. R. Bell, G. H. Muckley, J. E. Lyons, and Wm. Meinhold for defendants.

EX PARTE PROCEEDINGS

BY DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON Ex Parte 104, WORTH STEEL COMPANY TERMINAL ALLOWANCE. Decided September 11, 1943. Supplemental report with respect to the propriety and lawfulness of the allowance paid to the Worth Steel Company by respondents which serve its plant at Claymont, Del. Obligation of respondents under interstate linehaul rates found not to extend beyond reasonable points of interchange, therein determined, and payment of an allowance to the industry for switching beyond such points found unlawful. Parties given 30 days from date of service of report in which to show cause why an order in accordance with the findings should not be entered. Original report, 209 I. C. C. 11. Guernsey Orcutt, Arthur Van Meter, and C. T. Wolfe for respondents. Nuel D. Belnap, Luther M. Walter, John S. Burchmore, and C. Hershey for the steel company.

BY DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON Ex Parte 104, WICKWIRE BROTHERS, INC., TERMINAL ALLOWANCE. Decided September 11, 1943. Supplemental report with respect to the propriety and lawfulness of the allowance paid to Wick wire Brothers Inc., by respondent carriers which serve its plant at Cortland, N. Y. Obligation of respondents under interstate line-haul rates found not to extend beyond reasonable points of interchange, therein determined, and payment of an allowance to the industry for switching beyond such points found unlawful. Parties given 30 days from date of service of report in which to show cause why an order in accordance with the findings should not be entered. Original report, 209 I. C. C. 11. W. J. Larrabee and E. H. Burgess for respondents. Hoyt A. Moore, Frederick H. Wood, Littleton Groom, and H. B. Darling for the industry.

256 I. C. C.

BY DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON Ex Parte 104, American Bridge Company TERMINAL ALLOWANCE. Decided September 11, 1943. Supplemental report with respect to the lawfulness of the allowances paid to the American Bridge Company by the respective respondents serving the plants of that company at Ambridge and Pencoyd, Pa., Trenton, N. J., Elmira Heights, N. Y., and Toledo, Ohio. Obligation of respondents under interstate line-haul rates found not to extend beyond reasonable points of interchange, therein determined, and payment of allowances to the industry for switching beyond such points of interchange found unlawful at its plants at the points named. Parties given 30 days from date of service of report in which to show cause why an order in accordance with the findings should not be entered. original report, 209 I. C. C. 11. Guernsey Orcutt, Arthur Van Meter, Thomas P. Healy, J. J. Danhof, C. P. Stewart, C. T. Wolfe, W. J. Larrabee, E. H. Burgess, Andrew P. Martin, Robert F. Denison, and Marion B. Pierce for respondents. Arthur B. Van Buskirk for the industry.

BY DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON Ex Parte 104, SHARON STEEL HOOP COMPANY TERMINAL ALLOWANCE. Decided September 11, 1943. Supplemental report with respect to the propriety and lawfulness of the allowance paid to the Sharon Steel Hoop Company by the respondent carriers which serve its plant at Sharon, Pa. Obligation of respondents under interstate line-haul rates found not to extend beyond reasonable points of interchange, therein determined, and payment of an allowance to the industry for switching beyond such points found unlawful. Parties given 30 days from date of service of report in which to show cause why an order in accordance with the findings should not be entered. Original report, 209 I. C. C. 11. Guernsey Orcutt, Arthur Van Meter, Thomas P. Healy, J. J. Danhof, C. P. Stewart, G. H. Fernald, and Marion B. Pierce for respondents. T. H. Burgess, Hoyt A. Moore, Frederick H. Wood, and Littleton Groom for the industry. BY DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON Ex Parte 104, MCCLINTIC-MARSHALL CORPORATION TERMINAL ALLOWANCE. Decided September 11, 1943. Supplemental report with respect to the lawfulness of an allowance paid by respondent to the McClintic-Marshall Corporation for the switching of loaded cars between the interchange tracks and the loading and unloading locations within that company's plant at Leetsdale, Pa. Obligation of respondent under interstate line-haul rates found not to extend beyond reasonable point of interchange, therein determined, and payment of allowance to the industry for switching beyond such point found unlawful. Parties given 30 days from date of service of report in which to show cause why an order in accordance with the findings should not be entered. Original report, 209 I. C. C. 11. Guernsey Orcutt and Arthur Van Meter for respondent. Frederick H. Wood, Hoyt A. Moore, and Littleton Groom for the Industry.

APPLICATIONS FOR RELIEF FROM THE PROVISIONS OF SECTION 4 BY DIVISION 2, COMMISSIONERS AITCHISON, SPLAWN, AND ALLDREDGE F. S. A. Nos. 19216, 19435, and 19702, CANNED GOODS FROM GULF PORTS TO ALABAMA AND GEORGIA, filed by J. G. Kerr and Roy Pope, agents, for carriers parties to Agent F. D. Miller's tariffs I. C. C. Nos. 571 and 657. Decided July 24, 1943. Long-and-short-haul relief granted, on conditions, to maintain on canned goods, fruit dried or evaporated, and beans or peas dried, originating on

the Pacific coast of the United States or British Columbia and moved by way of the Panama Canal, and when imported, from New Orleans, La., and certain points accorded the same rates, Gulfport, Miss., Mobile, Ala., Pensacola, and Panama City, Fla., to Atlanta, Ga., and specified points grouped therewith, and to specified destinations in Alabama and Georgia, carload rates the same as over the direct routes.

F. S. A. No. 19318,1 and 204 other applications, COMMODITIES From, to, and BETWEEN POINTS IN THE SOUTH, filed by association agents for participating rail and water carriers. Decided August 10, 1943. Long-and-short-haul relief in Southern Commodity Rates, 214 I. C. C. 625, amended to include authority to continue commodity rates covered by additional applications filed responsive to the terms of fourth-section order No. 9800.

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F. S. A. Nos. 19475 and 20235, EXPORT Rates From Central TerrITORY, filed by Joseph Hattendorf and K. C. Bogue, agents, respectively, for The Atchison, Topeka and Santa Fe Railway Company, and other carriers. Decided August 3, 1943. Long-and-short-haul relief granted, on conditions, to maintain export class and commodity rates from points in central and western trunk-line territories, including certain points intermediate thereto, to New Orleans, La., Houston, Tex., and ports grouped therewith.

F. S. A. No. 19786, IRON AND STEEL BETWEEN PORTSMOUTH, OHIO, AND THE SOUTH, filed by B. T. Jones, agent, for carriers parties to his tariff I. C. C. No. 3493 and Agent R. H. Hoke's tariff I. C. C. No. 631. Decided December 11, 1943. Long-and-short-haul relief, Iron and Steel in the South, 195 I. C. C. 255 and supplemental reports, amended to include authority to maintain on iron and steel articles, in carloads, between Portsmouth, Ohio, and points in the South, rates the same as over the direct routes.

F. S. A. No. 19871, IRON AND STEEL ARTICLES TO GULF PORTS, filed by B. T Jones, agent, for carriers parties to his tariffs I. C. C. Nos. 3453 and 3493, and other tariffs named in the application. Decided July 23, 1943. Long-andshort-haul relief granted, on conditions, to maintain on iron and steel articles, including tin and terneplate, from points in Illinois, Indiana, Wisconsin, Iows, Missouri, and Minnesota to New Orleans, La., Mobile, Ala., and Gulfport, Miss., carload rates the same as over direct routes.

F. S. A. Nos. 20011 and 20534,1 MOTOR-RAIL RATES-FRISCO TRANSPORTATION COMPANY, filed by the St. Louis-San Francisco Railway Company, for itself and the Frisco Transportation Company. Decided January 17, 1944. Longand-short-haul relief granted, on conditions, to maintain class rates and rates made percentages thereof over joint motor-rail routes between points in Arkansas and Oklahoma on the Frisco Transportation Company and points in Missouri, Arkansas, and Memphis, Tenn., on the St. Louis-San Francisco Railway.

F. S. A. No. 20091,1 WOOD PULP TO OFFICIAL TERRITORY, filed by J. R. Peel, agent, for carriers parties to his tariff I. C. C. No. 3513. Decided September 3, 1943. Long-and-short-haul relief granted, on conditions, to maintain on wood pulp, not powdered, in carloads, from specified points in Arkansas, Louisiana, and Texas to consuming points in official territory, rates made 22.5 percent of the first-class appendix E scale prescribed in Eastern Class Rate Investigation, 164 I. C. C. 314, plus general increases.

F. S. A. No. 20119,1 BEET SUGAR MOLASSES FROM WINNIPEG, Canada, to NIAGARA FRONTIER, filed by B. T. Jones, agent, for carriers parties to Agent J. F. Flynn's tariff I. C. C. No. 61. Decided July 27, 1943. Long-and-short-haul relief granted, on conditions, to maintain carload rates the same as over competing lines.

I Disposed of by order without report.