Callanan Road Improvement Co. v. United States
345 U.S. 507 (1953)

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U.S. Supreme Court

Callanan Road Improvement Co. v. United States, 345 U.S. 507 (1953)

Callanan Road Improvement Co. v. United States

No. 488

Argued April 8, 1953

Decided May 4, 1953

345 U.S. 507

Syllabus

A certificate of convenience and necessity to operate as a common carrier by water, issued by the Interstate Commerce Commission under § 309 of Part III of the Interstate Commerce Act, was subsequently amended by an order of the Commission restricting the carrier's operations to freightage, as distinguished from towage, and the amended certificate was accepted by the carrier. Appellant sought and obtained Commission approval of a transfer of the amended certificate to appellant. Thereafter, appellant claimed the right under the certificate to engage in towage operations. The Commission denied the right, and appellant sued to set aside its order.

Held:

1. Appellant had no standing to raise, in this collateral proceeding, the question of the power of the Commission to modify the original certificate. Pp. 345 U. S. 508-512.

2. Having invoked the power of the Commission to approve the transfer of the amended certificate, appellant was estopped to deny the Commission's power to issue the certificate in the form in which it was when appellant sought its transfer. P. 345 U. S. 513.

107 F.Supp. 184, affirmed.

In a suit to set aside an order of the Interstate Commerce Commission, 285 I.C.C. 75, a three-judge District Court held against appellant. 107 F.Supp. 184. On direct appeal to this Court, affirmed, p. 345 U. S. 513.

Page 345 U. S. 508

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