Johnson v. United States

HANEY, Circuit Judge.

Plaintiff has filed this action to set aside an order of the Interstate Commerce Commission. The issues hereinafter discussed arise from the denial by defendants of allegations in the complaint.

A. Fornaciari commenced operating as a common carrier by motor vehicle between Seattle and Los Angeles in January, 1935. On February 7, 1936, he applied for a certificate of public convenience and necessity under § 206(a) of the Motor Carrier *189Act, 1935, 49 U.S.C.A. § 306(a), commonly called the “grandfather clause”, authorizing continuance of operation as a common carrier by motor…