A. E. McDonald Motor Freight Lines, Inc. v. United States

HUTCHESON, Circuit Judge.

Plaintiff, a motor carrier operator, brought this suit to set aside an order of the Interstate Commerce Commission, finally denying him a “grandfather” certificate1 on the ground that operating without permit or certificate from the Railroad Commission of Texas, and in a continual state of conflict with it, he was not, within the Federal Motor Carrier Act, 49 U.S.C.A. § 301 et seq., in bona fide operation.

Complainant, pointing out that his dperations have always been in interstate, never in intrastate, commerce, insists (1) that the Railroad Commission of Texas has…