Club between representatives of the supporting shipper and a representative of Trans-Cold. In the course of this conversation, it was revealed that the shipper had need for a service from Suffolk to Dallas and planned to support a forthcoming application for such authority to be filed by applicant Refrigerated. The tenor of the conversation was subject to possible misinterpretation and led Trans-Cold's representative to believe that if his company filed a similar application, shipper would also support its request for authority. In light of this conversation, we are of the opinion that at the time of the original filing of its application, Trans-Cold believed it was making a legitimate request for authority. While subsequent events revealed that shipper support would not be forthcoming, we can find no reason to censure Trans-Cold for insisting upon its right to be heard.

Having previously determined that the shipper requires the services of two motor carriers, we turn our attention now to the question of which two of these three applicants should be authorized to provide this service. The argument raised by Trans-Cold to the effect that shipper-supported applicants do not automatically prevail over nonsupported applicants is well-founded. See Commercial Transport, Inc., Ext.-West Henderson, Ky., 82 M.C.C. 363, 368. It is, however, one of several important factors to be considered when choosing from among a group of qualified motor carrier applicants. Recognition must also be given such factors as the priority of filing, the existing authorities and operations of the considered applicants, the locations of terminal facilities, and the equipment operated before the proper selection(s) can be made. See Commercial Transport, supra, and Producers Transport, Inc., Extension-Crossville, Ill., 84 M.C.C. 679, 682. Each of these applicants are experienced refrigerated carriers operating equipment suitable for the handling of shipper's products. For a number of years both Refrigerated and Bonney have been providing the shipper with transportation services at various points throughout their authorized territories. Indeed, one of the reasons that the shipper has extended its support to these two carriers is because of the very satisfactory nature of their past performances. Bonney, in fact, has been participating in the joint-line movement of the very traffic with which we are here concerned. With a terminal located in Suffolk, Bonney is particularly able to handle traffic generated from shipper's Suffolk plant. While Refrigerated's nearest terminal is located in Atlanta, each week approximately 20 of its vehicles have move

ments which terminate either at Suffolk or at points within close proximity thereto. On the other hand, although Trans-Cold was the first of the three applicants to file for authority, its application does not have the benefit of shipper support; it has had no previous experience in meeting the transportation requirements of the supporting shipper; and its nearest terminal is located in Jersey City. With between four and six of its vehicles terminating their loads at points in Virginia each week, Trans-Cold anticipates utilizing this equipment for the movement of shipper's traffic to Dallas. While both Trans-Cold and Refrigerated are authorized to perform outbound movements from Dallas, Bonney lacks the requisite authority to conduct operations from any point in Texas. Aside from the question of priority of filing, this deficiency of authority is the only feature of Bonney's proposal which is not superior to that of Trans-Cold. In addition the proposed service of Refrigerated is either equivalent to or superior to that offered by Trans-Cold. After a careful review of each of the aforementioned factors which must be considered in situations of this type, we are convinced that Bonney and Refrigerated are the proper carriers to serve this supporting shipper. Accordingly, the application of Trans-Cold will be denied.

In No. MC-114045 (Sub-No. 107), we find that applicant has failed to establish that the present or future public convenience and necessity require the proposed operation and that its application should be denied.

In Nos. MC-107515 (Sub-No. 433) and MC-94265 (Sub-No. 103), we find that the present and future public convenience and necessity require operation by applicants, in interstate or foreign commerce, as common carriers by motor vehicle, over irregular routes, of edible nuts, liquid peanut oil, candy and confectionery, peanut butter, bakery products, and dehydrated sweet potatoes, in vehicles equipped with mechanical refrigeration, from Suffolk, Va., to Dallas, Tex.; that applicants are fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission's rules and regulations thereunder; that certificates authorizing such operations should be granted; and that the applications in all other respects should be denied.

Upon compliance by applicants in Nos. MC-107515 (Sub-No. 433) and MC-94265 (Sub-No. 103) with the requirements of sections 215, 217, and 221(c) of the act and with our rules and regulations

thereunder within the time specified in the order entered concurrently herein, appropriate certificates will be issued. An appropriate order will be entered.

APPENDIX

Excerpts from the examiner's statement of facts

Trans-Cold is a common carrier by motor vehicle specializing in the transportation of foodstuffs, over irregular routes. It operates generally from points in Texas, Oklahoma, Arkansas, and Louisiana to points in the Northeast, including West Virginia, Virginia, and Pennsylvania. It operates numerous tractors and trailers, all of the latter of which are equipped with mechanical refrigeration. Applicant maintains its home office at Dallas and has branch offices at Wichita, Kans., Jersey City, N. J., and Boston, Mass. It would serve the supporting shipper herein from its Jersey City facility. It normally has between four and six pieces of equipment terminating in Virginia each week and is presently moving one load a week outbound from that State. It accepts collect calls from shippers at its offices and, using its wide area telephone network, regularly contacts shippers in its area of operations to inquire as to their need for service. Its balance sheet as of December 31, 1962, showed total assets of $377,082, including current assets of $339,565. Its total current liabilities amounted to $29,514.

Refrigerated is a common carrier by motor vehicle specializing in the transportation of perishables and holds extensive operating authority to provide that type of service. It operates 187 tractors and 210 trailers equipped with mechanical refrigeration. It maintains branch offices at Chicago, Ill., Orlando, Fla., Memphis, Tenn., Dallas, Tex., Moultrie, Ga., Kansas City, Kans., and New Orleans, La. It proposes to utilize its new terminal at Atlanta to serve the supporting shipper herein if the instant application is granted. It anticipates, however, that it could provide the supporting shipper with service by diverting some of the approximately 20 vehicles which it has operating in that area each week. Its balance sheet as of April 30, 1963, showed total assets of $2,032,221, including current assets of $548,423. Its total current liabilities amounted to $201,777.

Bonney is a common carrier by motor vehicle specializing in the transportation of perishable commodities. It conducts extensive operations east of the Mississippi River and does not presently serve points in Texas. It operates 67 tractors and 103 trailers equipped with mechanical refrigeration. Bonney maintains terminals at Norfolk, Crozet, and Suffolk, Va., Chicago, Ill., and Waterloo, Iowa. Its Suffolk terminal was established several years ago to serve the supporting shipper's predecessor and has been used lately to serve the supporting shipper to points not involved herein. It has participated in the involved traffic through interchange arrangements with other carriers at Memphis, Tenn. Bonney operates under temporary authority the various 1 authorities of Nelms Motor Line, Inc., a common carrier by motor vehicle. There is no authority presently held by Bonney or Nelms which duplicates in whole or in part that sought herein. Bonney's balance sheet as of March 31, 1963, showed total assets of $1,939,215, including current assets of $473,207. Its total current liabilities amounted to $361,708.

IMC-F-8427

Standard Brands, Incorporated, of New York, N. Y., manufactures the involved commodities at its Suffolk plant2 and maintains a distribution center and storage warehouse at Dallas. It has been operating at Suffolk since it purchased that plant from its predecessor, Planters Nut and Chocolate Company, in 1960, and has satisfactorily utilized the services of Bonney, to the extent heretofore shown, since that time. It has been utilizing Refrigerated's service from and to other points for more than 10 years and, consequently, requested both it and Bonney to apply for the authority sought herein, and limits its support of the involved applications accordingly. Shipper opened its Dallas facility in October, 1962, and serves therefrom the entire States of Texas and Oklahoma, and parts of Arkansas and New Mexico. Its products are perishable, except for the peanut oil, peanut butter, and potatoes, and has a short shelf-life. Some of them, such as candied peanuts, require refrigeration in transit. Accordingly, shipper maintains a 2-week inventory at the warehouse and at times requires an expedited service to meet orders on some items. Because of the various sizes of the packages it markets, it has an inventory at Dallas of some 200 items, and, because of fluctuating sales, often finds itself short of one or more items. It presently utilizes rail service and a two line motor carrier movement, wherein the lading is physically transferred to Memphis, to effect delivery at its warehouse. In addition to excessive damage and shortages through use of this two-line service (claims filed in 5 of 15 shipments in March, 1963), the transit time involved has not been satisfactory. During the period January 4 through February 27, 1963, there were 16 truckloads involved. Eight arrived on the third day, 2 on the fourth day, 5 on the fifth day, and 1 on the sixth day. Shipper desires second or third day delivery. In addition to the difficulties already discussed, when the physical transfer is accomplished the lading is not kept in order and it must then be sorted out on the dock at Dallas causing a tieup there. It desires to eliminate this problem also through use of a single line service. During the first 5 months of 1963, it shipped two and a half million pounds, or 59 truckloads, to Dallas from Suffolk. The rate of flow fluctuated sharply from 265,000 pounds in January to 774,000 pounds in May. Shipper utilizes rail service for the nonperishable items wherever possible because of the lower cost and will continue to do so in the future. Prior to the time shipper established the warehouse at Dallas, it serviced that area from a warehouse it maintained at Memphis. Rail protestants offer an interchange service between the points involved. They have refrigerator cars available and are willing to handle all of the considered traffic.

2Except dehydrated sweet potatoes which it stores there for shipment with

its own commodities.

95 M.C.C.

No. MC-113855 (SUB-NO. 64)

INTERNATIONAL TRANSPORT, INC., EXTENSION-PARMA

Decided June 12, 1964

On reconsideration, findings in prior report, decided August 23, 1963, modified. Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, over irregular routes, of specified commodities, (1) from Boise, Idaho, and Ogden, Utah, to points in named States, with certain exceptions; and (2) from Burley and Parma, Idaho to points in named States. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application in all other respects denied.

Alan Foss for applicant.

Morris G. Cobb, Maurice H. Greene, Leslie R. Kehl, Harry D. Pubsley, and Donald A. Schafer for protestants.

REPORT OF THE COMMISSION ON RECONSIDERATION

DIVISION 1, ACTING AS AN APPELLATE DIVISION, COMMISSIONERS HUTCHINSON, BUSH, AND BROWN

HUTCHINSON, Commissioner:

By application filed March 1, 1962, as amended, International Transport, Inc., of Rochester, Minn., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, over irregular routes, of agricultural machinery, implements, attachments, and parts (except farm tractors) from Parma, Burley, and Boise, Idaho, and Ogden, Utah, to points in Ohio, Indiana, Michigan, Illinois, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Kansas, Montana, Washington, and Oregon. A number of motor carriers oppose the application. Ashworth Transfer, Inc., withdrew its opposition upon amendment of the application to its present form.

1 Consolidated Freightways Corporation of Delaware and its affiliates, Missouri Consolidated Freightways Corporation and New York Consolidated Freightways, Inc.; Denver-Chicago Trucking Company, Inc.; Garrett Freightlines Inc.; Illinois-California Express, Inc.; Interstate Motor Lines, Inc.; Pacific Intermountain Express; United-Buckingham Freight Lines; Buckingham Express, Inc.; Buckingham Transfer, Inc.; and Ashworth Transfer, Inc.