United States v. Marshall Transport Co.Annotate this Case
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.
Argued March 28, 1944
Decided May 1, 1944
322 U.S. 31
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.
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.