Pensick & Gordon, Inc. v. California Motor Express

WEIGEL, District Judge.

When these cases were considered by us last year, 1 we held that the District Court was without jurisdiction to determine whether or not appellee motor carriers failed to provide service as required by Section 216 of the Motor Carrier Act (49 U.S.C.A. § 316). We affirmed dismissal of a complaint grounded in claims of violation of that statute because of our view that the statute itself vested such jurisdiction exclusively in the Interstate Commerce Commission. We held, further, that the effort of appellant, in an amended complaint, to assert a common law right of action…