Keller Industries, Inc. v. United States of America and Interstate Commerce Commission, National Motor, Freight Traffic Association, Inc., Intervening
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
This appeal presents one of the most frequently litigated questions of transportation law — whether a certain method of transportation is “for-hire” or “private carriage.” The new wrinkle, cf. Mike Hooks, Inc. v. Pena, 5 Cir., 1963, 313 F.2d 696, 1963 A.M.C. 1463, is the employment of a joint venture between an upbound and a downbound shipper through the use of jointly leased vehicles operated by drivers ostensibly under the complete control of the momentary user in order to eliminate the abhorrent and uneconomical deadhead backhaul.
The District Court, after a…
Also in this document: Per curiam.
2Cases cited34 opinions
- Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
- Mississippi Valley Barge Line Co. v. United StatesSupreme Court of the United States · 1934
- Illinois Central Railroad v. Norfolk & Western Railway Co.Supreme Court of the United States · 1967
- United States v. DrumSupreme Court of the United States · 1962
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3Cited by8 opinions
- Michael Bilyou, Individually & on Behalf of Others Similarly Situated v. Dutchess Beer Distributors, Inc.Court of Appeals for the Second Circuit · 2002
- City of Philadelphia v. BakerDistrict Court, E.D. Pennsylvania · 1974
- In the Matter of the Central Railroad Company of New Jersey, Debtor. Appeal of Commonwealth of Pennsylvania and Pennsylvania Public Utility CommissionCourt of Appeals for the Third Circuit · 1973
- City of New Orleans by and Through the Public Belt Railroad Commission of the City of New Orleans v. Southern Scrap Material Co., Ltd., Southern Scrap Material Co., Ltd. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
- City of New Orleans ex rel. Public Belt Railroad Commission v. Southern Scrap Material Co.Court of Appeals for the Fifth Circuit · 1983
3 more not listed; retrieve them via the Exa API.