Willis Shaw Express v. United States, 377 U.S. 159 (1964)

Willis Shaw Frozen Express, Inc. v. United States


No. 201


Argued April 23, 27, 1964
Decided May 4, 1964
377 U.S. 159

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS

Syllabus

The District Court affirmed an order of the Interstate Commerce Commission (ICC) granting appellant’s common carrier application under the grandfather clause of the Transportation Act of 1958 to transport certain frozen seasonal agricultural products, but substantially curtailing its prior operations.

Held: The ICC should reconsider in light of the carrier’ status and ability to perform, and the transportation characteristics and marketing pattern of the products. United States v. Carolina Freight Carriers Corp., 315 U.S. 475, 482-489.

Reversed and remanded.