Practitioners' Journal, Volume 25, Issue 10Association of Interstate Commerce Commission Practitioners., 1958 - Carriers |
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Page 1091
... finding of fact either for or against a given point . In such circumstances , an agency finding may not be disturbed by a reviewing court , even though the court would have made the opposite finding had it initially decided the matter ...
... finding of fact either for or against a given point . In such circumstances , an agency finding may not be disturbed by a reviewing court , even though the court would have made the opposite finding had it initially decided the matter ...
Page 1092
... findings of the trial court , when dependent upon oral testimony where the candor and credibility of the witnesses would best be judged , had great weight with the appellate court . The findings were never conclusive , however . A finding ...
... findings of the trial court , when dependent upon oral testimony where the candor and credibility of the witnesses would best be judged , had great weight with the appellate court . The findings were never conclusive , however . A finding ...
Page 1093
... finding that such action is " clearly in excess of con- stitutional or statutory authority , " provided that irreparable damage be shown . The requirement of damage apparently could be satisfied in most cases by an affidavit stating ...
... finding that such action is " clearly in excess of con- stitutional or statutory authority , " provided that irreparable damage be shown . The requirement of damage apparently could be satisfied in most cases by an affidavit stating ...
Page 1095
... finding new or improved methods to complete its task with proper speed . In many areas this has been done . At my own agency , the Federal Trade Commission , we have in the past few years more than cut in half , all along the line ...
... finding new or improved methods to complete its task with proper speed . In many areas this has been done . At my own agency , the Federal Trade Commission , we have in the past few years more than cut in half , all along the line ...
Page 1100
... findings of fact made by the presiding officer shall not be set aside by the agency unless clearly erroneous on the whole record . " Section 1005 ( d ) of the Proposed Code - October 1956 Version His first proposal was actually ...
... findings of fact made by the presiding officer shall not be set aside by the agency unless clearly erroneous on the whole record . " Section 1005 ( d ) of the Proposed Code - October 1956 Version His first proposal was actually ...
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Common terms and phrases
85th Congress Administrative Procedure Act administrative process agency amended American Bar Association applicant applicant's approved Atchafalaya River Authorized by Div Bros certificate Chicago Co.-Abandonment Commission's commodity rates common carriers compensatory competitive considered Cont contract carrier Corp costs court decision discontinuance or change division effect equipment evidence existing carriers filed finding Flaming Gorge Dam found not shown Freight Lines Fwdg Greyhound Lines guaranty hearing Interstate Commerce Act Interstate Commerce Commission intrastate issued jurisdiction linehaul loan Maislin Minn motor carrier Motor Freight Motor Lines motor-carrier Ohio Penna permit Petroleum Pittston points practice Prior report Procedure proceeding proposed rates Proposed reduced T.L. proposed service protestants public interest Q. R. Co rail Railroad reasonable reduced T.L. rate rules second proviso shipments shippers territory Texas thereof tion traffic train or ferry Transfer Transp Truck Lines unjust unlawful unreasonable
Popular passages
Page 1109 - ... shall prescribe the rate, fare, or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed, in such manner as, in its judgment, will remove such advantage, preference, prejudice, or discrimination.
Page 1091 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Page 1092 - clearly erroneous" when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
Page 1131 - ... fit, willing, and able properly to perform the service of a contract carrier by motor vehicle, and to conform to the provisions of this part and the lawful requirements, rules, and regulations of the Commission thereunder...
Page 1083 - The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread'.
Page 1108 - In the event of any default on any such guaranteed loan, and payment in accordance with the guaranty by the United States, the Attorney General shall take such action as may be appropriate to recover the amount of such payments, with interest, from the defaulting carrier, carriers, or other persons liable therefor.
Page 1113 - ... nor shall any person engaged in any other business enterprise transport property by motor vehicle in interstate or foreign commerce for business purposes unless such transportation is within the scope, and in furtherance, of a primary business enterprise (other than .transportation) of such person.
Page 1112 - Act, as amended, is amended by striking out the period at the end thereof and inserting in lieu thereof a colon and the following: “Provided further, That...
Page 1092 - On appeal from or review of the initial decisions of such officers the agency shall, except as it may limit the issues upon notice or by rule, have all the powers which it would have in making the initial decision.
Page 1106 - Include cooked or uncooked (including breaded) fish or shell fish when frozen or fresh (but not Including fish and shell fish which have been treated for preserving, such as canned, smoked, pickled, spiced, corned or kippered products...