Frozen Food Express v. United States,
351 U.S. 40 (1956)

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U.S. Supreme Court

Frozen Food Express v. United States, 351 U.S. 40 (1956)

Frozen Food Express v. United States

No. 158

Argued March 7, 1956

Decided April 23, 1956*

351 U.S. 40


After an investigation and hearing instituted on its own motion, the Interstate Commerce Commission issued an order listing a large number of specified commodities which it found not to be "agricultural" within the meaning of § 203(b)(6) of the Interstate Commerce Act, which exempts from the requirement of a permit or a certificate of public convenience and necessity motor vehicles used only in carrying "agricultural" commodities. A motor carrier transporting without a certificate or permit numerous commodities found by the Commission not to be "agricultural" commodities, and which had not been a party to the administrative proceeding, sued in a Federal District Court to enjoin and set aside the Commission's order.

Held: the Commission's order is subject to judicial review, and the District Court should adjudicate the merits. United States v. Los Angeles R. Co., 273 U. S. 299, distinguished. Pp. 351 U. S. 41-45.

128 F. Supp. 374 reversed.

Page 351 U. S. 41

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