Mitchell Bros. Truck Lines v. United States

KILKENNY, District Judge.

Plaintiff is dissatisfied with, and challenges the validity of, the conclusion of the defendant Commission that certain of the commodities being transported by plaintiff are beyond the scope of its operating authority.

Plaintiff is authorized by its Certificates of Public Convenience and Necessity, as a motor common carrier of property, to transport, so far as here relevant, the following:

“Forest products and lumber” “Building materials and Heavy machinery, in truckloads”

“Building materials and Heavy machinery, including steel girders, steel pipe, boilers, water works…