United States et al. v. Texas & Pacific Motor Transport Co. (340 U.S. 450)
U.S. Supreme Court · decided February 26, 1951 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 450 · 71 S. Ct. 422
- Docket
- No. 38
- Argued
- November 7, 1950
- Decided
- February 26, 1951
- Term
- October Term 1950
- Vote
- 5–4
- Majority author
- Justice Reed
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Minton, Justice Clark, Justice Frankfurter, Justice Reed (wrote)
- Dissenting
- Justice Burton, Justice R. H. Jackson, Justice Douglas, Justice Black
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. These appeals, by the Interstate Commerce Commission, and by the intervenor, Regular Common Carrier Conference of American Trucking Associations, Inc., from the judgment of a three-judge federal district court setting aside two orders of the Interstate Commerce Commission, and entering a permanent injunction, raise questions similar to those discussed in No. 25, United States v. Rock Island Motor Transit Co., ante, p. 419, decided today. The questions relate to the power of the Commission to ban service practices theretofore permitted under certificates of public convenience and necessity previously issued to a common carrier by motor vehicle. The Commission acted under authority reserved in the certificate to impose additional restrictions to insure that the motor carrier’s operations will be auxiliary to or supplemental of the operations of its parent common carrier by rail. The Texas and Pacific Motor Transport Company is a wholly owned subsidiary of the Texas and Pacific Railway, operating a system of regular routes for the carriage of freight, from New Orleans to El Paso, Texas, and Lovington, New Mexico, roughly paralleling the lines of the railway and its subsidiaries. Transport was organized in 1929 to provide a local pick-up and delivery service in connection with rail transportation between points on the lines of…
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