United States v. Benmar Transp. & Leasing, 444 U.S. 4 (1979)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SECOND CIRCUIT

Held: The Court of Appeals erred in vacating the Interstate Commerce Commission’s 1977 order granting a contract carrier permit -- even though the order was defective for failing to include a finding required by the Interstate Commerce Act -- and in refusing to consider instead the Commission’s subsequent orders that remedied the defect and that had been entered while the appeal from the 1977 order was still pending. All the interested parties had concurred in the Commission’s decision to reopen the administrative proceedings and to hold judicial review of the 1977 order in abeyance, and the Commission’s action, which occurred before the Court of Appeals was ready to hear arguments on the merits and before it received the record, did not interfere in any manner with the proceedings in the Court of Appeals. Cf. American Farm Lines v. Black Ball Freight Service, 397 U.S. 532.

Certiorari granted; 582 F.2d 246, reversed.