Lubetich v. United States, 315 U.S. 57 (1942)

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Lubetich v. United States

No. 322

Argued December 17, 1941
Decided January 19, 1942
315 U.S. 57

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF WASHINGTON

Syllabus

1. Decided upon the authority of United States v. Rosenblum Truck Lines and United States v. Margolies, ante, p. 50. P. 59.

2. That the application was for either a common carrier certificate or a contract carrier permit, rather than for only a contract carrier permit, does not distinguish this case from the Rosenblum and Margolies cases. P. 59.

3. The Commission’s order denying "grandfather" right to the applicant in this case is not vitiated by absence of findings as to whether the common carrier with whom the applicant’s arrangements for hauling were made was acting as a broker during the period in question, and as to whether the applicant’s name was carried on his equipment. Findings on these two points were not "quasi-jurisdictional." P. 59.

39 F.Supp. 780 affirmed.

Appeal from a decree of a District Court of three judges dismissing a petition to set aside an order of the Interstate Commerce Commission under the Motor Carrier Act of 1935.