United States v. Resler, 313 U.S. 57 (1941)

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United States v. Resler

No. 616

Argued March 14, 1941
Decided April 14, 1941
313 U.S. 57

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF COLORADO

Syllabus

1. Section 212(b) of the Motor Carrier Act of 1935, which subjects to the rules and regulations of the Interstate Commerce Commission transfers of certificates and permits, applies to a transfer of operating rights though not more than twenty motor vehicles are involved, notwithstanding the provision of § 213(e) that

the provisions of this section requiring authority from the Commission for consolidation, merger, purchase, lease, operating contract, or acquisition of control shall not apply where the total number of motor vehicles involved is not more than twenty. P. 59.

2. Under the Motor Carrier Act of 1935, the Interstate Commerce Commission had authority to promulgate a rulemaking approval by the Commission prerequisite to an effective transfer of operating rights. P. 59.

Reversed.

Appeal under the Criminal Appeals Act from a judgment sustaining a special plea in bar to an information charging violation of the Motor Carrier Act of 1935.