Motor Truck Supply Co. v. United States

DEVITT, Chief Judge.

This is an action to enjoin, annul and set aside the Report and Order of the Interstate Commerce Commission of January 31, 1963 in its Docket MC-C-3193, Schirmer Transp. Co., Inc., — Investigation, 91 M.C.C. 869, which found that the plaintiffs had been engaged in unauthorized interstate motor carrier operations, participated in by the intervening plaintiff, and ordered them to cease and desist therefrom.

The pertinent statutes are 28 U.S.C.A. §§ 1336, 1398, 2284, 2321-2325, 49 U.S. C.A. § 305(g) and 5 U.S.C.A. § 1009. Jurisdiction is established.

The issue is whether the…