District Court, W.D. Pennsylvania April 15, 1969, Civ. A. No. 68-775 (Leonard Express, Inc. v. United States)

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are to determine whether the deliberate movement of freight by a common carrier from one state to another and then a return to the state of origin for delivery for the sole purpose of creating a technical interstate passage is a legitimate and appropriate exercise of interstate authorities granted by the Interstate Commerce Commission.