Legal Opinion · Dissent

Noble Graham Transport, Inc. American Trucking Associations, Inc. v. Interstate Commerce Commission and United States of America

Court of Appeals for the Sixth Circuit

Decided June 25, 1985No. 84-3381Published

1DissentCelebrezze, Senior Circuit Judge

During the pendency of this case before this Court, Rumm Associates, Inc. (Rumm) was granted a new, broader permit by the Interstate Commerce Commission. As a result, Rumm is now performing its services as a contract carrier under the new permit. I believe that the issuance of this broader permit renders the petition before this Court moot. See Steere Tank Lines, Inc. v. ICC, 667 F.2d 490 (5th Cir.1982) (ICC’s granting of broader permit rendered moot challenge to old permit).

In order to have a justiciable controversy under Article III, a court must be able to affect the legal relations of the…

2Cases cited3 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. North Carolina v. RiceSupreme Court of the United States · 1971
  3. Steere Tank Lines, Inc. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1982

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