Interstate Commerce Commission v. Service Trucking Co.

KIRKPATRICK, Chief Judge.

In this action the Interstate Commerce Commission asks for judgment enjoining the defendant from operating as a common carrier in interstate commerce unless it applies for and receives a certificate of public convenience and necessity from the Commission. All relevant facts have been stipulated, and the stipulation is adopted as the Court’s findings of fact.

Part II of the Interstate Commerce Act, 49 U.S.C.A. § 306, provides that no common carrier by motor vehicle shall operate without a certificate of public convenience and necessity. Sec. 303(b) exempts from this…