United States v. Pacific Coast Wholesalers, 338 U.S. 689 (1950)

United States v. Pacific Coast Wholesalers’ Association

No. 113

Argued January 10, 1950
Decided February 6, 1950
338 U.S. 689

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Syllabus

An association of wholesale automobile parts dealers organized and operated in good faith, on a nonprofit basis, for the purpose of effecting savings in freight charges for its members by securing the benefits of carload, truckload, or other volume rates, held exempt under § 402(c)(1) of the Interstate Commerce Act from regulation by the Interstate Commerce Commission as a freight forwarder. Pp. 690-691.

(a) The basis of the shipments -- whether f.o.b. destination (or delivered price) or f.o.b. origin -- is not determinative. P. 691.

81 F.Supp. 991 affirmed.

A three-judge district court set aside and enjoined enforcement of an order of the Interstate Commerce Commission requiring the appellee in No. 113 to discontinue operations as a freight forwarder without a permit from the Commission. 81 F.Supp. 991. On appeal to this Court, aff’d, p. 691.