Arrowhead Freight Lines, Ltd. v. United States
Opinion
lead Opinion
Mathes, J.
Plaintiff, a common carrier by motor vehicle, sues “to enjoin, set aside, suspend and annul a certain report and order made and entered by Division 5 of the Interstate Commerce Commission” on October 17, 1952 in a proceeding entitled “Transportation Activities of Arrowhead Freight Lines, Ltd., Docket No. MC-C-1052.” 61 M.C.C. 131 (1952).
The challenged order directs plaintiff “to cease and desist * * * from the performance of transportation * * * of the character indicated in said report to be beyond the scope of its authority.” See 61 M.C.C. at 142. The effective date of compliance by plaintiff has been postponed by the Commission pending hearing and determination of this action.
Jurisdiction of this court is invoked under 28 U.S.C. § 1336 . See also: Id. §§ 2321-2325, 2284, 1398; 49 U.S.C.A. § 17 (9); 5 U.S.C.A. § 1009 ; Am. Trucking Ass’ns v. United States, 344 U.S. 298 , 318—320, 73 S.Ct. 307 ; United States v. L. A. Tucker Truck Lines, 1952, 344 U.S. 33 , 173 S.Ct. 67 .
Since prior to June 1, 1935, the effective <"grandfather”-certificate date specified in the Motor Carrier Act of 1935, 49 Stat. 543 , 551 (1935), 49 U.S.C.A. § 306 , plaintiff has been engaged continuously…