Arthur Goldberg

“ I also agree that 'the primary business test * * *, as applied by the ICC, requires an analysis of the backhaul operation in the factual setting of each case.' Ante, at 317.
This is all that we need and should decide. The Court errs, in my view, in deciding the purely factual question of 'whether, applying the standards developed under the primary business test, appellees' backhauling of sugar was within the scope, and in furtherance, of a primary, noncarrier business.' Ante, at 318. ”