Port Norris Express Co., Inc. v. Interstate Commerce Commission and United States of America

A. LEON HIGGINBOTHAM, Jr., Circuit Judge,

concurring.

The majority holds today that the Interstate Commerce Commission (“ICC”) erred in granting L.S. Geist, Inc. (“Geist”) authority to transport general commodities without a bulk restriction, one reason being that the ICC impermissibly inferred a “public demand or need” for bulk hauling from the fact that certain of the eleven supporting shippers’ commodities were “susceptible” to bulk transportation, in contravention of this court’s decision in Port Norris Express Co. v. ICC, 687 F.2d 803 (3d Cir.1982) (“Port Norris 7”). While I concur in the…