Legal Opinion
Hewitt-Robins Incorporated v. Eastern Freight-Ways, Inc.
Court of Appeals for the Second Circuit
Decided July 25, 1961No. 26685_1PublishedCited by 6 opinions
1Opinion of the Court
BRENNAN, District Judge.
The question involved in this litigation requires the application of the provisions of the Interstate Commerce Act (49 U.S.C.A. §§ 301-327), sometimes known as the Motor ■ Carrier Act, to the .facts' disclosed in the complaint. The Court below held the complaint to be insufficient under Rules 12(b), 12(c) and 56 F.R.Civ. P., 28 U.S.C.A., to present a justiciable issue. A brief statement of facts is set out below.
During the period from January 1953 to February 1955, the appellant delivered to the appellee at Buffalo and New York City numerous unrouted shipments of…
2Cases cited2 opinions
- TI ME Inc. v. United StatesSupreme Court of the United States · 1959
- Northern Pacific Railway Co. v. SolumSupreme Court of the United States · 1918
3Cited by6 opinions
- Hewitt-Robins, Incorporated v. Eastern Freight-Ways, IncSupreme Court of the United States · 1962
- Middlewest Motor Freight Bureau v. United StatesCourt of Appeals for the Eighth Circuit · 1970
- Hewitt-Robins Incorporated v. Eastern Freight-Ways, Inc.Court of Appeals for the Second Circuit · 1961
- Hewitt-Robins, Incorporated v. Eastern Freight-Ways, IncSupreme Court of the United States · 1962
- Middlewest Motor Freight Bureau v. United States of America, Middlewest Motor Freight Bureau v. National Small Shipments Traffic Conference, Inc.Court of Appeals for the Eighth Circuit · 1970
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