Provisioners Frozen Express, Inc. v. Interstate Commerce Commission and United States of America
Opinion
Opinion
This petition for review is from orders of the Interstate Commerce Commission (Commission) denying two applications by Provisioners Frozen Express, Inc. (Provisioners) for extensions of its permit MC 117588. The applications sought Certificates of public convenience and necessity authorizing operations as a motor vehicle common carrier of specified food items in named western states.
The principal stockholders and directors of petitioner are L. R. Pollart and his wife. Mr. Pollart, the president, has been in the business of transportation of various properties by motor vehicle for hire since 1958.
The first of the two extensions was sought by application, Sub. 15, filed July 27, 1970. The second, Sub. 17, was filed January 22, 1971. These applications were consolidated for hearing before the Hearing Examiner, now known as the Administrative Law Judge (ALJ). Evidentiary hearings were held in December, 1971, and on April 8, 1972, the ALJ issued an order in which he found a need for the proposed services applied for but recommended the Certificate of Authority to Provisioners be limited to three years by reason of the questioned “fitness” of Provisioners.