Roadway Express, Inc. v. Kingsley

The opinion of the court was delivered by

Jacobs, J.

The Law Division dismissed the plaintiffs complaint because of its failure to exhaust its administrative remedies. The plaintiff appealed to the Appellate Division and while its appeal was pending there we certified it on our own motion. See R. R. 1:10-1 (a).

The plaintiff is a Delaware corporation engaged in business as a common carrier of goods for hire. Its principal office is in Ohio and it holds a certificate of convenience and necessity issued by the Interstate Commerce Commission. It claims that all of its activities in New Jersey are…