Western Pac. R. Co. v. United States, 382 U.S. 237 (1965)

Western Pacific Railroad Co. v. United States

No. 12

Argued October 19, 1965
Decided December 7, 1965
382 U.S. 237

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

Section 3(4) of the Interstate Commerce Act prohibits carriers from discriminating in their rates between "connecting lines." Appellant Western Pacific Railroad filed a complaint with the Interstate Commerce Commission alleging that certain carriers discriminated against it by refusing to enter into joint through rates via Portland, Oregon, with a multi-railroad route of which Western Pacific is the central portion, although they maintain such joint through rates with a competitor. Division 2 of the Commission refused to accord Western Pacific "connecting line" status on the ground that it did not connect physically with the allegedly discriminating carriers and did not participate in existing through routes with them through the point of discrimination. The Commission denied further hearing and a three-judge federal court dismissed the complaint on the basis that Western Pacific was not a "connecting line."

Held:

1. The term "connecting lines" does not require a direct physical connection, but refers to all lines making up a through route. Atlantic Coast Line R. Co. v. United States, 284 U.S. 288, followed. Pp. 242-243.

2. To qualify as a "connecting line" in the absence of physical connection, a carrier need only show that it participates in an established through route, making connection at the point of common interchange, all of whose participants stand ready to cooperate in the arrangements needed to remove the alleged discrimination. P. 245.

230 F.Supp. 852, vacated and remanded.