National Bus Traffic Association v. United States

ROBSON, District Judge:

Plaintiffs challenge the validity of the Interstate Commerce Commission’s in terpretation of the Interstate Commerce Act’s proviso, 49 U.S.C. § 303(b) (7a), excepting from its coverage “the transportation of persons or property by motor vehicle when incidental to transportation by aircraft.” The Commission in two rulings, MC-C-3437 on May 4, 1964, and MC-C-4000 on July 17, 1964, held that transportation of persons and property by motor vehicle as a result of an emergency, was “incidental”, to transportation by aircraft, and not “substituted” service as plaintiffs…