Legal Opinion

Ligon Specialized Hauler, Inc. v. Interstate Commerce Commission

Court of Appeals for the Sixth Circuit

Decided November 14, 1978No. Nos. 77-3202, 77-3253PublishedCited by 1 opinion

1Opinion of the Court

JOHN W. PECK, Senior Circuit Judge.

Respondent Interstate Commerce Commission (ICC) has the responsibility under 49 U.S.C. §§ 306-07 of issuing certificates of convenience and necessity to carriers of goods in interstate commerce. Without such a certificate of convenience and necessity, a carrier cannot lawfully transport goods in interstate commerce. Before the ICC approves an application, however, it must determine that (1) the carrier is fit, willing, and able to perform the service proposed (“operational fitness”), (2) the carrier is fit, willing, and able to conform to the provisions of…

2Cases cited10 opinions

  1. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  4. Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
  5. Pennsylvania Railroad v. United StatesSupreme Court of the United States · 1960

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3Cited by1 opinion

  1. Ligon Specialized Hauler, Inc. v. Interstate Commerce Commission and United States of America, Transamerican Freight Lines, Inc. v. United States of America and the Interstate Commerce CommissionCourt of Appeals for the Sixth Circuit · 1978

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