Legal Opinion · Dissent
Erickson Transport Corporation v. Interstate Commerce Commission and United States of America
Court of Appeals for the Eighth Circuit
Decided February 27, 1984No. 83-1011Published
1DissentHeaney, Circuit Judge
In granting motor carrier operating authority to Stewco, Inc., the ICC failed to follow the requirements of the Motor Carrier Act in two essential respects. It failed to find sufficiently that Stewco is “fit, willing, and able” to provide the service applied for, and it failed to provide sufficiently specific findings to support its decision. I therefore dissent.
To justify the issuance of a certificate authorizing a person as a motor common carrier of property, the ICC must find “that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to…
2Cases cited12 opinions
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- American Transfer & Storage Co. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
- Curtis, Inc. v. Interstate Commerce Commission and United States of America, and Story, Inc., InterveningCourt of Appeals for the Tenth Circuit · 1981
- State of Nebraska, Military Department, Office of the Adjutant General and Department of Defense v. Federal Labor Relations AuthorityCourt of Appeals for the Eighth Circuit · 1983
- Argo-Collier Truck Lines Corp. v. United StatesCourt of Appeals for the Sixth Circuit · 1979
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