Leonard Express, Inc. v. United States

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are to determine whether the deliberate movement of freight by a common carrier from one state to another and then a return to the state of origin for delivery for the sole purpose of creating a technical interstate passage is a legitimate and appropriate exercise of interstate authorities granted by the Interstate Commerce Commission.1 The ICC held it was not; the carrier, Leonard Express, Inc., has appealed.2

Leonard Express has been issued no rights by the Pennsylvania Public Utility Commission (PUC) for operations between the Pittsburgh and…