East Texas Motor Freight Lines v. Frozen Food Express, 351 U.S. 49 (1956)

East Texas Motor Freight Lines v. Frozen Food Express


Argued March 7, 1956
Decided April 23, 1956 *
351 U.S. 49

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

Syllabus

On complaint of three motor common carriers under § 204 (c) of the Interstate Commerce Act, the Commission ordered Frozen Food Express, another motor common carrier, to cease and desist from transporting in interstate commerce without a certificate of convenience and necessity fresh and frozen dressed poultry, which it found not to be within the exemption under § 203(b)(6) of the Act of "agricultural . . . commodities (not including manufactured products thereof)." Frozen Food Express sued in a Federal District Court to set aside the order.

Held: fresh and frozen dressed poultry is an "agricultural" commodity within the meaning of § 203(b)(6), and not a "manufactured" product thereof, and the District Court properly set aside the Commission’s order. Pp. 50-54.

128 F.Supp. 374 affirmed.