Hawaiian Express Service, Inc., a Corporation v. Pacific Hawaiian Terminals, Inc., a Corporation

ALFRED T. GOODWIN, Circuit Judge:

Hawaiian Express Service, Inc., a freight forwarder authorized by the Interstate Commerce Commission to operate in the San Francisco-Hawaii trade, sued under 49 U.S.C. § 1017(b)(2) to enjoin Pacific Hawaiian Terminals, Inc., from offering transportation services which Hawaiian Express contends amount to “freight forwarding” under the Interstate Commerce Act § 402(a)(5), 49 U.S.C. § 1002(a)(5). The district court denied relief, and Hawaiian Express appeals.

With the exception of the degree of Pacific’s utilization of motor common carriers, most of the material…