Interstate Commerce Commission v. Allen E. Kroblin, Inc.

JOHNSEN, Circuit Judge.

The Interstate Commerce Commission sought to enjoin Allen E. Kroblin, Inc., an Iowa trucking corporation, from hauling dressed poultry 1 in interstate commerce, because it had no certificate of convenience and necessity from the Commission, 49 U.S.C.A. §§ 306 and 309. The District Court denied the injunction and dismissed the suit, and the Commission has appealed.

The basis of the trial court’s action was its considered view that the hauling of dressed poultry was a hauling of an agricultural commodity, and that the operation therefore was exempt from the certificating…