Crescent Express Lines, Inc. v. United StatesAnnotate this Case
320 U.S. 401 (1943)
U.S. Supreme Court
Crescent Express Lines, Inc. v. United States, 320 U.S. 401 (1943)
Crescent Express Lines, Inc. v. United States
Argued November 19, 1943
Decided December 6, 1943
320 U.S. 401
1. Upon an application for a certificate authorizing operation as a common carrier under the "grandfather clause" of the Motor Carrier Act, the Interstate Commerce Commission issued a certificate more limited than that indicted in its earlier "compliance order." Held, that the applicant was not deprived of any procedural right. P. 320 U. S. 404.
2. Under the "grandfather clause" of the Motor Carrier Act, the Interstate Commerce Commission issued a common carrier certificate limited to "special operations," "nonscheduled door-to-door service," "irregular routes," and "transportation of not more than six persons in any one vehicle." Held, authorized by the Act and supported by the evidence. P. 320 U. S. 405.
3. The limitation of the certificate to "transportation of not more than six persons in any one vehicle" is not inconsistent with the proviso of § 208 of the Motor Carrier Act forbidding restriction of the right of a carrier to add equipment. Pp. 320 U. S. 406, 320 U. S. 409.
4. It was the intent of Congress to limit applicants under the "grandfather clause" to the type of equipment and service previously offered. P. 320 U. S. 410.
49 F.Supp. 92 affirmed.
Appeal from a decree of a District Court of three judges dismissing the complaint in a suit to set aside an order of the Interstate Commerce Commission.
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