Legal Opinion · Dissent

Ferguson-Steere Motor Company v. United States

District Court, N.D. Texas

Decided November 3, 1954No. Civ. A. 5741Published

1DissentAtwell, Chief Judge

The plaintiff is a motor carrier of petroleum products from Texas to New Mexico. One of its competitors is a railroad, and the railroad rate on the same sort of freight was lower than the plaintiff’s rate. It exercised its right to initiate its own rate, and in order to meet the rate that had been recently established by the railroad it reduced its own rate to the same figure that was charged by the railroad.

This right to adjust its rate to meet competition is within the zone of reasonableness, and resulted in no undue prej*594udice, or, preference, or, discrimination. This exact point was…

2Cases cited15 opinions

  1. United States v. Chicago, Milwaukee, St. Paul & Pacific R.Supreme Court of the United States · 1935
  2. Wichita Railroad & Light Co. v. Public Utilities Commission of KansasSupreme Court of the United States · 1922
  3. Skinner & Eddy Corp. v. United StatesSupreme Court of the United States · 1919
  4. Saginaw Broadcasting Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1938
  5. United States v. Baltimore & Ohio RailroadSupreme Court of the United States · 1935

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