Frozen Food Express v. United States, 351 U.S. 40 (1956)

Frozen Food Express v. United States


No. 158


Argued March 7, 1956
Decided April 23, 1956 *
351 U.S. 40

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS

Syllabus

After 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. 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.

Held: the Commission’s order is subject to judicial review, and the District Court should adjudicate the merits. United States v. Los Angeles R. Co., 273 U.S. 299, distinguished. Pp. 41-45.

128 F. Supp. 374 reversed.