Shippers Cooperative, Inc., a Corporation, and Pierson-Corn, Inc., a Corporation v. Interstate Commerce Commission

This is an appeal from an injunction granted by the United States District Court against defendant-appellants Shippers Co-operative, Inc. (hereinafter referred to as “Coop”) and against Pier-son-Corn, Inc. (hereinafter referred to as “Pierson-Corn”). The action was started by the filing of a complaint in which the plaintiff-appellee Interstate Commerce Commission (hereinafter referred to as “Commission”), under Part II of' the Interstate Commerce Act (hereinafter referred to as the “Act”), alleged that Coop had been and was transporting property for compensation in interstate commerce as a common or contract carrier without having been issued a certificate or permit by the Commission authorizing Coop to engage in such operations or business, and consequently, that defendant-Coop was in violation of § 206(a) or § 209(a) of the Act ( 49 U.S.C.A. §§ 306 (a) and 309(a), respectively). Pierson-Corn was made a party defendant under 49 U.S.C.A. § 52 ; the Commission having alleged that Pierson-Corn had participated in the acts charged in the complaint and would be directly affected by any judgment entered by the court.

The case was tried to the court. The court found (1) that Coop had…