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Traffic Management Manual 67 Grounds of Proof and Proce
Traffic Management Manual 67 Grounds of Proof and Procedure before the Commission R-3 Copyright 1938. 76 pages. Partial Table of Contents:
Chapter I
PROOF OF VIOLATION OF SECTION 2
Purpose of Section 2
Kinds of Discrimination
Like Kind of Traffic.
Like Kind of Service
Contemporaneous Service
Similarity of Circumstances and Conditions
Competition of Carriers Not a Defense
Use of Rate Comparisons
Reparation under Section 2
Damages Not Automatically Fixed
Proof of Pecuniary Loss
Proof of Competition.
Probative Value of Competition
Practical Application
Chapter II
PROOF OF VIOLATION OF SECTION 3
Distinction between Section 2 and Section 3
Kinds of Preference
Proof of Competition Essential
Carrier Competition
Commodity Competition
Locality Competition
Actual v. Potential Competition
Carriers Must Be Parties to Routes
Participation in Movement Necessary
Commission May or May Not Issue Order
Ability of Carrier to "Cure" Discrimination
Practical Application
Chapter III
PROOF OF VIOLATION OF SECTION 3 (Continued)
Only Undue Preference or Prejudice Unlawful
Undue Preference a Question of Fact, Not Law
Preference Must Arise from Rate Structure
Shipper May Not Be Deprived of Natural Advantages
Force of Rate Comparisons in Section 3 Cases
Effect on Rates to and from Preferred Points
Other Provisions of Section 3
Reparation under Section 3
Denial Due to Insufficient Proof
Steps in Proof of Damage
Kinds of Damages
Award of Damages
Nature of Damages
Nature of Evidence Necessary
Practical Application
Chapter IV
PROOF OF VIOLATION OF SECTION 4
Purpose of Section 4
Long-and-Short-Haul Provision
Evidence in Fourth Section Allegation
Necessity of Proving Movement to Farther Point
Authorized Departures
Aggregate-of-Intermediate-Rates Provision
Proof of Aggregate-of-Intermediates Violation
Presumption of Unreasonableness Rebuttable
Proof When Fourth Section Departures Are Authorized
Authority for Departure Must Be Specific
Applications Awaiting Disposition
Restrictions on Commission's Power to Grant Relief
Commission's Interpretation of "Reasonably Compensatory"
Potential Water Competition
Proof of Unreasonableness
Investigation and Suspension Cases
Circuitous Route Provision
Degree of Circuity
Competition the Controlling Factor
Proof of Competition
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