United States v. A & P Trucking Co., 358 U.S. 121 (1958)

United States v. A & P Trucking Co.


No. 32


Argued October 20, 1958
Decided December 8, 1958
358 U.S. 121

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Syllabus

A partnership may be prosecuted as an entity under § 222(a) of the Motor Carrier Act for "knowingly and willfully" violating certification requirements and motor carrier regulations of the Interstate Commerce Commission and under 18 U.S.C. § 835 for "knowingly" violating regulations for the safe transportation in interstate commerce of explosives and other dangerous articles. Pp. 121-127.

(a) The words "knowingly and willfully" in § 222(a) and the word "knowingly" in § 835 do not eliminate partnerships from the coverage of these statutes. Pp. 125-126.

(b) A partnership can violate each of these statutes quite apart from the participation and knowledge of the partners as individuals. Pp. 126-127.

Reversed.