Dudgeon
Interstate Commerce Commission v. Dudgeon
Opinion
Opinion
Byrne, J.
This cause came on for trial before the court without a jury. The plaintiff appeared by its attorney, William L. Harrison, and the defendant, W. H. Dudgeon, appeared by his attorney, Edward K. Brody. The case was submitted upon an agreed statement of facts contained in the Pre-trial Order and additional evidence was adduced at time of trial. Briefs were filed by both parties. The court being advised in the premises makes its findings as follows:
1.
FINDINGS OF FACT
1.
The jurisdiction of this court is invoked under the provisions of Part II of the Interstate Commerce Act, (49 U. S.C. § 322(b)). The plaintiff seeks to enjoin and restrain the defendant from transporting automobiles, in driveaway service, in interstate commerce, for compensation, as a common or a contract carrier, without having been issued to him a certificate of public convenience and necessity or a permit by the Commission authorizing him to engage in such operations or business.
2.
Defendant maintains an office and place of business in the City and County of Los Angeles, California. He has been engaged in the “driveaway” business since approximately March 15, 1957, and he is presently engaged in such…