Howard Hall Co., Inc. v. United States, 315 U.S. 495 (1942)

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Howard Hall Co., Inc. v. United States


No. 210


Argued January 16, 19, 1942
Decided March 2, 1942
315 U.S. 495

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF ALABAMA

Syllabus

1. A grant by the Interstate Commerce Commission of a certificate of public convenience and necessity for operation as a common carrier by motor vehicle under the "grandfather clause" of the Motor Carrier Act of 1935, authorizing service only from a particular city and all points within a radius of 10 miles thereof, to all points in certain States and to designated points in others, held not erroneous. P. 498.

2. In a grant of common carrier rights under the "grandfather clause," that part of the order of the Commission in this case which limit the kinds of commodities which may be carried between specified points is not supported by the requisite basic or essential findings. United States v. Carolina Freight Carriers, ante, p. 475. P. 495.

38 F.Supp. 556 reversed.

Appeal from a decree dismissing the complaint in a suit to enjoin enforcement of an order of the Interstate Commerce Commission.