Edward S. Burton v. Matanuska Valley Lines, Inc., a Corporation in the Territory of Alaska

Appellee Matanuska Valley Lines, Inc., a common carrier of passengers by bus, had operated for some years an integrated system of bus lines within the City of Anchorage, Alaska, within the nearby military bases known as Elmendorf Air Force Base and Fort Richardson Military Reservation, between those bases, and between the bases and the City of Anchorage, and throughout the public highways surrounding the City and the bases, and extending over a large aréa in South Central Alaska. It held a franchise from the City of Anchorage, a certificate of public convenience and necessity from the Territory, and licenses from the military authorities on the bases.

Appellant, Anchorage Bus Company (here called Anchorage Bus), through its officers, the individual appellants, shortly before this action arose, procured from the Military Commands contract permission to operate a bus business for hire between and within those bases, in competition with Matanuska Valley Lines (here called Matanuska). Anchorage Bus then announced that it was prepared, and was about to commence bus operation in direct competition with Matanuska in all the areas in which the latter had established lines, including…

(dissenting).

We have frequently adverted to the weight that courts should accord to findings and decisions made by administrative boards in the exercise of what Mr. Justice Frankfurter is fond of calling “expertise.” 1

Once again we are faced with an attempt by a trial court to interfere, this time by injunction, with the activities of a public utility operating under a certificate lawfully granted to it by a regulatory commission.

®In its brief, the appellee ascribes to the appellants a “monstrous contention that an existing public transportation system, franchised and licensed in accordance with law and serving a large and vital area under difficult conditions, is defenseless in a court of equity against the depredations of a group of adventurers out to make a quick dollar by pirating a few lucrative routes,” etc.

I deplore the use of such immoderate language, for which there is not a shred of support in the record.

The District Court issued a preliminary injunction restraining the appellants from interfering with the appel-lee’s franchises, certificates of public convenience and necessity, etc., issued by the Territory of Alaska, etc.; and from operating a bus…

244 F.2d 647 Edward S. BURTON et al., Appellants, v. MATANUSKA VALLEY LINES, Inc., a corporation in the Territory of Alaska, Appellee. No. 15030. United States Court of Appeals Ninth Circuit. April 8, 1957. Rehearing Denied July 5, 1957. Harold J. Butcher, Anchorage, Alaska, for appellants. Edgar Paul Boyko, Anchorage, Alaska, for appellee. Before DENMAN, Chief Judge, and POPE and LEMMON, Circuit Judges. POPE, Circuit Judge. 1 Appellee Matanuska Valley Lines, Inc., a common carrier of passengers by bus, had operated for some years an integrated system of bus lines within the City of Anchorage, Alaska, within the nearby military bases known as Elmendorf Air Force Base and Fort Richardson Military Reservation, between those bases, and between the bases and the City of Anchorage, and throughout the public highways surrounding the City and the bases, and extending over a large area in South Central Alaska. It held a franchise from the City of Anchorage, a certificate of public convenience and necessity from the Territory, and licenses from the military authorities on the bases. 2 Appellant, Anchorage Bus Company (here called Anchorage Bus), through its officers, the individual…