Ratner v. United States

MERCER, District Judge.

The plaintiff herein has attacked a number of the findings of the Interstate Commerce Commission. Many of these, in the Court’s opinion, are of a minor nature and unimportant. The only contention of plaintiff which is substantial as affecting validity of the order is the one that charges the Commission of deciding the case on the theory that the applicant must offer proof of public con*519venience and necessity as set forth in Section 207 of the Interstate Commerce Act, 49 U.S.C.A. § 307, rather than proof that granting of the application will be “consistent with the public…