Riss & Co., Inc. v. Interstate Commerce Commission

Appellant, a common carrier of property by motor vehicle in interstate commerce, applied to the Interstate Commerce Commission for certificates of public convenience and necessity to extend its operations. While hearings before an examiner were under way appellant discovered, it contends, that the examiner was not appointed and qualified in compliance with sections 5 and 11 of the Administrative Procedure Act, 5 U.S.C.A. §§ 1004, 1010, 60 Stat. 239, 244. Appellant thereupon objected to the pending hearing and petitioned the Commission for a hearing before an examiner so appointed. The…