United States v. Rosenblum Truck Lines, Inc., 315 U.S. 50 (1942)

United States v. N. E. Rosenblum Truck Lines, Inc.


No. 52


Argued December 16, 17, 1941
Decided January 19, 1942 *
315 U.S. 50

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF MISSOURI

Syllabus

1. A truckman who, on July 1, 1935, and until February 1936, was engaged in hauling exclusively for common carriers under agreements with them, helping them to move their overflow freight, and who was not serving the public directly, but only performing part of the complete common carrier service which those common carriers offered to the public, is not entitled to a permit as a contract carrier under the "grandfather" clause of § 209(a) of the Motor Carrier Act of 1935. P. 54.

2. By the Act, Congress did not intend to grant multiple "grandfather" rights on the basis of a single transportation service. P. 54.

3. Where the literal meaning of words in a statute produces an unreasonable result plainly at variance with the policy of the legislation, the legislative purpose will be followed. P. 55.

4. The fact that "carriers" within the meaning of the Act need not deal directly with the public, but may act through brokers, does not affect the conclusion in this case. P. 56.

36 F.Supp. 467 reversed.

Appeals from decrees of a District Court of three judges which, in two cases heard and decided together, set aside orders of the Interstate Commerce Commission denying applications for permits under the Motor Carrier Act of 1935.