The District Court affirmed an order of the Interstate Commerce
Commission (ICC) granting appellant's common carrier application
under the grandfather clause of the Transportation Act of 1958 to
transport certain frozen seasonal agricultural products, but
substantially curtailing its prior operations.
Held: The ICC should reconsider in light of the
carrier' status and ability to perform, and the transportation
characteristics and marketing pattern of the products.
United
States v. Carolina Freight Carriers Corp., 315 U.
S. 475,
315 U. S.
482-489.
Reversed and remanded.
PER CURIAM.
Appellant applied to the Interstate Commerce Commission under
the grandfather clause of the Transportation Act of 1958, § 7(a),
72 Stat. 573, 49 U.S.C. § 303(b)(6), to transport as a common
carrier over irregular routes frozen fruits, berries, and
vegetables, and frozen seafoods and poultry when transported with
such frozen fruits, berries, and vegetables. The Commission granted
a certificate which substantially curtailed appellant's prior
operations. 89 M.C.C. 377. The District Court affirmed without
opinion.
We think
United States v. Carolina Freight Carriers
Corp., 315 U. S. 475,
requires reversal of the judgment and
Page 377 U. S. 160
a remand to the Commission for reconsideration in light of
appellant's status and performance as a common carrier, the
transportation characteristics and marketing pattern of these
seasonal agricultural products, and the demonstrated ability of
appellant to perform the services.
Reversed and remanded.
MR. JUSTICE STEWART, MR. JUSTICE HARLAN and MR. JUSTICE WHITE
dissent, agreeing with the three-judge District Court that the
Commission correctly employed the statutory standards prescribed by
Congress.
"The precise delineation of the area or the specification of
localities which may be serviced has been entrusted by the Congress
to the Commission."
United States v. Carolina Carriers Corp., 315 U.
S. 475,
315 U. S. 480.
See also Alton R. Co. v. United States, 315 U. S.
15,
315 U. S.
22-23.