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

Annotate this Case

U.S. Supreme Court

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

Lubetich v. United States

No. 322

Argued December 17, 1941

Decided January 19, 1942

315 U.S. 57

Syllabus

1. Decided upon the authority of United States v. Rosenblum Truck Lines and United States v. Margolies, ante, p. 315 U. S. 50. P. 315 U. S. 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. 315 U. S. 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. 315 U. S. 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.

Page 315 U. S. 58

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.