Interstate Commerce Commission v. Clayton

PHILLIPS, Circuit Judge.

The Interstate Commerce Commission brought this action against Clayton to enjoin him from holding himself out as a common carrier or contract carrier in interstate commerce for compensation without complying with the requirements of Part II of the Interstate Commerce Act, 49 U.S.C. A. §§ 301-327. The trial court denied the injunction. The Interstate Commerce Commission has appealed.

The facts are these: Clayton resides at Ucon, Idaho. He maintains a small coal yard at his home, where he normally keeps on hand about ten tons or a truckload of coal. He has customers in…