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Citation[]

Aggregate Weight Provisions on Paper, Mass. to N.Y. & N.J., 323 I.C.C. 525 (1964).

Factual Background[]

The respondent filed a proposal seeking to remove a tariff restriction which imposed an aggregate weight provision in connection with carrier rates on various paper articles to and from a number of points in the northeastern United States. Action on the proposal was suspended when a protest was filed against it.

The protestant submitted a computer-generated cost study as evidence against the removal of the tariff restriction. The respondent then moved to strike the cost analysis evidence.

Commission Ruling[]

The Commission noted that for the evidence to be admissible two criteria must be met. It must be presented by a qualified witness and it must be made available to all parties. Here, the court found that there was no evidence that the protestant's witness prepared or supervised the preparation of the computer materials. The cost data was not made available to the opposing party or to the Commission itself. Therefore, the Commission granted respondent's motion to strike.

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