United States Supreme Court Cases & Opinions

U.S. Supreme Court

McAllister Lighterage Line, Inc. v. United States, 327 U.S. 655 (1946)

McAllister Lighterage Line, Inc. v. United States

No. 616

Argued March 5, 1946

Decided March 25, 1946

327 U.S. 655

Syllabus

The conclusion of the Interstate Commerce Commission, upon an application for a certificate as a common carrier by water under the "grandfather" clause of § 309(a) of Part III of the Interstate Commerce Act, that the interruption of bona fide operations since January 1, 1940, was not an interruption over which the applicant had no control -- the applicant's restriction of its activities to exempt operations in New York harbor in wartime not being shown to have been other than voluntary -- was supported by the findings and the evidence, and justified the Commission's denial of the application. P. 327 U. S. 659.

Affirmed.

Direct appeal from a decree of a District Court of three judges dismissing a suit to set aside an order of the Interstate Commerce Commission which denied appellant's application for a certificate as a common carrier by water under the "grandfather" clause of § 309(a) of Part III of the Interstate Commerce Act. Affirmed, p. 327 U. S. 661.