United States v. Marshall Transport Co. - 322 U.S. 31 (1944)


U.S. Supreme Court

United States v. Marshall Transport Co., 322 U.S. 31 (1944)

United States v. Marshall Transport Co.

No. 589

Argued March 28, 1944

Decided May 1, 1944

322 U.S. 31

Syllabus

On all application to the Interstate Commerce Commission of two carriers by motor vehicle for permission for one to purchase the property and operating rights of the other, the Commission found that the proposed vendee was controlled through stock ownership by a noncarrier. Held that, by the proposed transaction, the noncarrier would "acquire control of another carrier through ownership of its stock or otherwise," within the purview of § 5(2)(a) of Part I of the Interstate Commerce Act, as amended by the Transportation Act of 1940; that § 5(2)(b) required that application to the Commission for approval be made by the noncarrier, and that, in the absence of an application from the noncarrier, the Commission was without authority to approve the transaction. Pp. 322 U. S. 37, 322 U. S. 41.

52 F.Supp. 1010 reversed.

Appeal from a decree of a district court of three judges which set aside an order of the Interstate Commerce Commission, 39 M.C.C. 271.

Page 322 U. S. 32



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