United States v. Georgia Pub. Svc. Comm’n, 371 U.S. 285 (1963)

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

The United States sued in a Federal District Court to enjoin the Georgia Public.Service Commission from prohibiting common carriers from contracting with agencies of the Federal Government for the mass transportation within that State of the household goods of civilian employees of the Federal Government at rates other than those prescribed by the Georgia Commission. A three-judge District Court convened to hear the case denied an injunction, and the United States appealed directly to this Court.

Held:

1. This case is one "required" to be heard by a three-judge District Court, and a direct appeal to this Court was properly taken under 28 U.S. C. § 1253. Pp. 287-288.

2. Federal procurement statutes provide for the negotiation of special rates for transporting household goods of federal employees at government expense, and the State could not defeat the purpose of this legislation by prohibiting the common carriers from transporting such goods intrastate at rates other than those prescribed by the Georgia Public Service Commission. Public Utilities Commission of California v. United States, 355 U.S. 534. Pp. 288-293.

197 F.Supp. 793 reversed.