Northern Freight Lines, Inc. v. United States

EDENFIELD, District Judge:

The issue before this three-judge district court, constituted under 28 U.S.C. §§ 1336, 2284, 2321-2325, is whether the Interstate Commerce Commission acted within its discretion in concluding that Railway Express Agency should remain outside the terminal area1 limits for motor carriers, set under Part II of the Interstate Commerce Act.

A brief chronology will help establish the posture in which we find this action. Railroads have long been charged by the courts with the duty of making their railroad facilities available to the public, although not to every express…