Southern States Cooperative, Inc. v. Baltimore & O. R. Co., 323 I.C.C. 400---- ------- Southwestern N. H. Transp. Co., Inc., Extension, 54 M.C.C. 656 Super Speed Transport, Inc., Common Carrier Application, 96 M.C.C. Page 491 807 8 864 530 473 477,857 279,477,857 Superhighway Rules-Motor Common Carriers of Property, 49 CFR 1042.3 82,849 T. I. McCormack Trucking Co., Inc.-Ext.-Montezuma, N.Y., 99 M.C.C. 725 350 Investigation, 110 M.C.C. 499. Tank Lines, Inc., Ext.-Delaware, 86 M.C.C. 198 ----- Tanksley Trucking, Inc., Ext.-Louisville, Ky., 120 M.C.C. 793- Ext.-Dover, Del., 108 M.C.C. 791 Trans-Caribbean M. Transport, Inc., Com. Car. Applic., 66 M.C.C. 593- Travenol Laboratories, Inc., Petition for Invest., 121 M.C.C. 588- 662 867 Truck Transport, Inc., Ext.-Jacksonville, Ark., 120 M.C.C. 449- 128,490,883 655 Umthun Trucking Co. Ext.-Phosphatic Feed Supplements, 91 M.C.C. 691 73,432,488 United Parcel Service, Inc., Ext.-48 States, 120 M.C.C. 747 v. Bodine Produce, Co., 206 F. Supp. 201 v. Dixie Highway Exp. Inc., 389 U.S. 409 v. Drum, 368 U.S. 370-- v. Erie R. Co., 280 U.S. 98 v. Florida East Coast Ry. Co., 410 U.S. 224 v. Illinois Central R. Co., 303 U.S. 239 v. Interstate Comm. Comm., 409 U.S. 904 v. Wabash R. Co., 321 U.S. 403- Utley Lumber Co. Inc.-Investigation of Operations, 94 M.C.C. 458 Page Veon, Inc., Contract Carrier Application, 92 M.C.C. 248 W. S. Hatch Co., Ext.-11 States, 108 M.C.C. 853 Warren Transport, Inc.-Common Carrier Application, 69 M.C.C. 241 -- 864 180 11 351 815 94 96 Ext.-Wright County Implements, Order 7/2/75 643 Washington, D.C., Commercial Zone, 3 M.C.C. 243. 133 Watkins Motor Lines, Inc., Ext.-Frozen Products, 121 M.C.C. 493 Ext.-General Commodities, 113 M.C.C. 658; 114 M.C.C. 562 -- 96,476,658 Ext.-Textiles, 105 M.C.C. 310 270 Ext.-To Four States, 120 M.C.C. 92 271 Watson Common Carrier Application, 1 M.C.C. 277 Wehe Common Carrier Application, 112 M.C.C. 315. 232 11 West Bros., Inc.-Ext.-Baton Rouge, La., 108 M.C.C. 485 Ext.-U.S. Highway 11, 98 M.C.C. 572 128 11 v. United States, 303 F. Supp. 1171 West Motor Freight, Inc., Ext.-Fleetwood Foods, 118 M.C.C. 50-- 9 295 286,557 656 451 Weston Trucking Co. Contr. Car. Applic., 110 M.C.C. 660-- 279 232 Wilhelm Warehouse Co. d/b/a Wilhelm Trucking Co. Ext.—Iron and Steel 227 Willapoint Oysters, Inc. v. Ewing, 174 F. 2d 676; 338 U.S. 860-------- 155 544 888 541 827 541 Yellow Cab of Boca Raton, Inc. v. United States, 42 L. Ed. 2d 36--- 450 9 248-348 O-77-2 REPORTS MOTOR CARRIER CASES No. MC-110563 (Sub-No. 94) COLDWAY FOOD EXPRESS, INC., EXTENSION-GENERAL COMMODITIES-AURORA, NEBR. Issuance of a certificate of public convenience and necessity authorizing described operations as a common carrier by motor vehicle approved, subject to restrictions, upon compliance by applicant with certain conditions. Joseph M. Scanlan for applicant. Eugene L. Cannon, E. Check, Edward R. Driskell, Thomas L. Hilt, J. T. Massie, A. J. Swanson, Einar Viren, Arlyn L. Westergren, and Robert W. Wright, Jr., for protestant. DECISION AND ORDER At a Session of the INTERSTATE COMMERCE COMMISSION, Division 1 (Commissioners Murphy, Gresham, and MacFarland), held at its office in Washington D.C., on the 14th day of August 1975. Upon consideration of the application and the record in the above-entitled proceeding, including the initial decision of the Administrative Law Judge, the exceptions filed separately by Yellow Freight Systems, Inc., and jointly by McAllister Transfer, Inc., Arrow Freight Lines, Inc., Freeman Transfer, Inc., and Hilt Truck Line, and the reply there to filed by applicant; and It appearing, That the Administrative Law Judge recommended the granting to applicant of a certificate of public convenience and necessity authorizing the operation, as a common carrier by motor vehicle in interstate or foreign commerce, over irregular routes, of general commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment) between Aurora, Nebr., on the one hand, and, on the other, points in the United States (except Hawaii and Alaska), restricted to traffic originating at or destined to Aurora, Nebr.; And it further appearing, That the pleadings present no new or material matters of fact or law not adequately considered and properly disposed of by the Administrative Law Judge in his initial decision, and are not of such nature as to require the issuance of a report discussing the evidence in the light of the pleadings; Wherefore, and good cause appearing therefor: We find, That the evidence considered in the light of the pleadings does not warrant a result different from that reached by the Administrative Law Judge; and that the statement of facts, the conclusions, and the findings of the Administrative Law Judge in his initial decision, as material and pertinent to the decision in this proceeding, being proper and correct in all material respects, should be, and they are hereby, affirmed and adopted as our own; and It is ordered, That upon compliance by applicant` with the requirements of sections 215, 217, and 221(c) of the Interstate Commerce Act and with the Commission's rules and regulations thereunder, within the time specified in the next succeeding paragraph, an appropriate certificate will be issued. It is further ordered, That unless compliance is made by applicant with the requirements of sections 215, 217, and 221(c) of the act within 90 days after the date of service hereof, or within such additional time as may be authorized by the Commission, the grant of authority made herein shall be considered as null and void and the application shall stand denied in its entirety effective upon the expiration of the said compliance time. And it is further ordered, That this order shall be effective 30 days from the date of service hereof. The statement of facts, conclusions, and findings of Administrative Law Judge Paul J. Fitzpatrick, follows: By application filed on October 16, 1972, Coldway Food Express, Inc., of Sidney, Ohio, seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce as a common carrier by motor vehicle, over irregular routes, of general commodities, between Aurora, Nebr., on the one hand, and, on the other, points in the United States (except Hawaii and Alaska), restricted to traffic originating at or destined to Aurora, Nebr. The application was referred to the undersigned for oral hearing, which was held in Omaha, Nebr., on May 18 and September 25, 1973. At the hearing applicant offered an amendment to the application which was contained in a letter of May 2, 1973, to the Secretary of the Commission, and would exclude transportation of commodities in bulk. Applicant was advised at the hearing that under present Commission policy the proposed amendment was untimely; and, accordingly, it was not accepted. Applicant responded that it did not intend to offer any testimony concerning the need for service for commodities in bulk. 124 M.C.C. |