Baggett Transportation Co. v. United States

I concur in the result reached by my colleagues but do not feel that 49 U.S. C.A. § 5(9) alone is sufficient authority to justify the Commission’s action under the circumstances of this case. For involved herein is not just the power of the Commission to supplement an order issued pursuant to 49 U.S.C.A. § 5 (2), but its power to alter the conditions *843upon which Baggett may retain a certificate of convenience and necessity. A wide variety of orders are contemplated by section 5(2) of the Interstate Commerce Act. Many involve orders of approval of contracts by the Commission which have no…