Schane, Ling 87

Written Assignment – ICC case

Note: In your reader the case of Interstate Commerce Commission v. Kroblin contains 3 sections: The first page and a half begins with the case as reported by the U.S. District Court; this is interrupted by a study that was commissioned by the ICC; and then the case resumes.

This case is basically a dispute between the Interstate Commerce Commission and the farmers (represented by the Department of Agriculture). It is concerned with whether "eviscerated and dressed chickens" should be classified as manufactured products or as agricultural commodities.

1. a) Why does the ICC care about how dressed chickens should be classified?

b) Why is it important to farmers that the dressed chickens be classified as agricultural commodities?

2. Look up the words manufacture and manufactured in a good comprehensive dictionary. In your opinion do any of the definitions given for those words help to resolve the issue of whether eviscerated and dressed chickens are "manufactured products"? Explain.

3. In the Commission's Report (entitled "Determination of Exempted Agricultural Commodities", what was the conclusion that was reached? How was it arrived at?

4. The Court is able to reach a decision only by bringing in two types of extrinsic evidence: (1) administrative interpretation by an agency, and (2) legislative history.

Which was more persuasive? Explain.

5. Who ends up winning this dispute, and why?