Pan-Atlantic S.S. Corp. v. Atlantic Coast Line R. Co.,
Annotate this Case
353 U.S. 436 (1957)
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U.S. Supreme Court
Pan-Atlantic S.S. Corp. v. Atlantic Coast Line R. Co., 353 U.S. 436 (1957)
Pan-Atlantic Steamship Corp. v. Atlantic Coast Line Railroad Co.
Argued April 23, 1957
Decided June 3, 1957*
353 U.S. 436
Section 311(a) of the Interstate Commerce Act authorizes the Commission to grant "temporary authority" to operate as a common carrier by water when "there is an immediate and urgent need" for the service; but it provides that such temporary authority shall not be valid for more than 180 days. Section 9(b) of the Administrative Procedure Act provides that,
"In any case in which the licensee has, in accordance with agency rules, made timely and sufficient application for a renewal or a new license, no license with reference to any activity of a continuing nature shall expire until such application shall have been finally determined by the agency."
Held: where, pending action on an application for permanent authority, the Commission has granted temporary authority to operate as a common carrier by water for a period of 180 days, covering activities of a continuing nature, and timely and sufficient application for an extension of such authority has been made, the Commission, under § 9(b) of the Administrative Procedure Act, may extend such temporary authority beyond the original 180-day period, but not beyond the time when the application for permanent authority has been finally determined. Pp. 353 U. S. 437-440.
144 F. Supp. 53, reversed.