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In that case, the "order" held nonreviewable was a valuation of a carrier's property made by the Commission. 299, dismissed the action, saying that the "order" of the Commission was not subject to judicial review.
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The District Court, being of the view that the case was controlled by United States v. The United States, as a defendant, supports the Commission on some of its findings, and opposes it on others. Other intervenersĪre trucking associations and railroads which support the Commission. The Secretary of Agriculture intervened, supporting plaintiff's position on some of the commodities. The complaint alleged that plaintiff is a common carrier by motor vehicle, holding a certificate of public convenience and necessity which authorizes it to transport certain commodities between designated points and places that plaintiff is transporting, in addition to those commodities, commodities which are exempt under § 203(b)(6) and for which plaintiff has sought no authority from the Commission that the Commission, in its order, has held the latter commodities nonexempt, and accordingly has deprived it of the right granted by the statute that the order of the Commission classifying certain commodities as nonexempt is unlawful and that the Commission threatens to enjoin transportation of the commodities which plaintiff claims are exempt. § 2325, to enjoin the order of the Commission and have it set aside, naming the United States and the Commission as defendants. The order of the Commission incorporates the "findings," and states that the proceeding "be, and it is hereby discontinued."įrozen Food Express, the plaintiff, is a motor carrier transporting numerous commodities which the Commission ruled were nonexempt under § 203(b)(6) but which the carrier claims are "agricultural commodities." Plaintiff, who was not a party to the administrative proceeding, instituted suit before a three-judge District Court, 28 U.S.C. The findings list those commodities that the Commission finds are exempted under § 203(b)(6) and those that are not. The report, which concerns various groups of commodities, covers 71 pages of the printed record. The Commission's decision was in the form of a report and order. Various producers, shippers, and carriers appeared and presented evidence.
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It was a public hearing at which various governmental officials and agencies and commodities (not including manufactured products thereof)" as used in § 203(b)(6) was held before an examiner. The hearing to determine the meaning and application of the term "agricultural. After an investigation instituted on its own motion, the Commission issued an order that specified commodities are not "agricultural" within the meaning of § 203(b)(6). The controversy in these cases centers around this "agricultural" exemption. "motor vehicles used in carrying property consisting of ordinary livestock, fish (including shell fish), or agricultural (including horticultural) commodities (not including manufactured products thereof), if such motor vehicles are not used in carrying any other property, or passengers for compensation." These requirements for a certificate or permit* are not, however, applicable to
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The Commission has powers of investigation to determine if a motor carrier has complied with the Act and it has authority to issue an order compelling compliance.
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Common carriers and contract carriers by motor vehicle, subject to that part of the Act, must have a certificate of public convenience and necessity or a permit issued by the Commission. § 301 et seq., grants the Commission pervasive control over motor carriers. Part II of the Interstate Commerce Act, 49 Stat. JUSTICE DOUGLAS delivered the opinion of the Court. 41-45.ĪPPEAL FROM THE UNITED STATES DISTRICT COURT Held: the Commission's order is subject to judicial review, and the District Court should adjudicate the merits. A motor carrier transporting without a certificate or permit numerous commodities found by the Commission not to be "agricultural" commodities, and which had not been a party to the administrative proceeding, sued in a Federal District Court to enjoin and set aside the Commission's order. 40 (1956)Īfter an investigation and hearing instituted on its own motion, the Interstate Commerce Commission issued an order listing a large number of specified commodities which it found not to be "agricultural" within the meaning of § 203(b)(6) of the Interstate Commerce Act, which exempts from the requirement of a permit or a certificate of public convenience and necessity motor vehicles used only in carrying "agricultural" commodities.
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