Consolidated Freightways, Inc., a Corporation v. United Truck Lines, Inc., a Corporation

Both parties to this action are Washington corporations and common carriers of property operating motor trucks which cross state lines. Their operations come under the jurisdiction of the Interstate Commerce Commission by virtue of the provisions of Part 2 of the Interstate Commerce Act, as amended, covering operations of such motor carriers, herein, the Motor Carrier Act, Title 49 U.S.C.A. §§ 301 to 327, inclusive, being Chapter 8 of the present Interstate Commerce Act.

Appellant instituted this action in the lower court seeking only money damages from appellee. Its complaint purported to invoke the jurisdiction of the court “under the general laws relative to actions at law arising under the Constitution and laws of the United States, and particularly under the Interstate Commerce Act, as amended;” and pursuant to the provisions of Section 1337 of Title 28 U.S.C.A.

The facts upon which appellant predicates its claim for relief are that it held a certificate from the Interstate Commerce Commission to transport property over U.S. Highway No. 30; that appellee did not hold such a certificate over U.S. Highway No. 30; that appellee, notwithstanding, had been transporting property…