Interstate Commerce Commission v. Frye

McLELLAN, District Judge.

Pursuant, I assume, to Rule 12(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the plaintiff “moves that judgment be rendered for the plaintiff herein on the pleadings, on the *394ground that the answer of the defendant on file herein shows that the plaintiff is entitled to the judgment prayed for in its complaint.” This motion, having been placed upon the Motion List, was heard today.

The complaint contains three counts. Averments common to all the counts may be summarized as follows: The suit is brought under the Motor Carrier Act of 1935,…