Legal Opinion

Barnes Freight Line, Inc. v. Interstate Commerce Commission

Court of Appeals for the Fifth Circuit

Decided March 17, 1978No. Nos. 76-2437, 76-2438, 76-2545, 76-2439, 76-2440, 76-2441, 76-2442PublishedCited by 1 opinion

1Opinion of the Court

WISDOM, Circuit Judge:

These cases concern orders of the Interstate Commerce Commission involving motor carriers’ applications for permanent and temporary operating authority. The implications of the cases extend beyond the arcane realm of motor carrier law. They bring into question the integrity of the administrative process in I.C.C. proceedings. We hold that the Commission abused its authority by reinstating the temporary authority of Ross Neely Express. We set aside that order.

I

The Court consolidated these seven cases for a single hearing. Six involved petitions by carriers for review of…

2Cases cited18 opinions

  1. American Farm Lines v. Black Ball Freight ServiceSupreme Court of the United States · 1970
  2. Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
  3. National Labor Relations Board v. Monsanto Chemical CompanyCourt of Appeals for the Eighth Circuit · 1953
  4. National Labor Relations Board v. Rex Disposables, Division of Dhj Industries, Inc.Court of Appeals for the Fifth Circuit · 1974
  5. Alamo Express, Inc. v. United StatesDistrict Court, W.D. Texas · 1965

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3Cited by1 opinion

  1. Barnes Freight Line, Inc. v. The Interstate Commerce Commission and the United States of America, Ross Neely Express, Inc., Intervenor-Respondent. Bowman Transportation, Inc. v. United States of America and Interstate Commerce Commission, Ross Neely Express, Inc., Intervenor-Respondent. Georgia Highway Express, Inc. v. United States of America and Interstate Commerce Commission, Ross Neely Express, Inc., Intervenor-RespondentCourt of Appeals for the Fifth Circuit · 1978

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