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RISS & CO. v. INTERSTATE COMMERCE COMMISSION

No. 10167.

179 F.2d 810 (1950)

RISS & CO., Inc. v. INTERSTATE COMMERCE COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 12, 1950.

Attorney(s) appearing for the Case

Mr. Wendell Berge, Washington, D. C., with whom Mr. A. A. Layne, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Harry L. Underwood, Assistant Chief Counsel, Interstate Commerce Commission, Washington, D. C., with whom Mr. Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, Washington, D. C., was on the brief, for appellees.

Before EDGERTON, WILBUR K. MILLER, and BAZELON, Circuit Judges.

PER CURIAM.

Appellant, a common carrier of property by motor vehicle in interstate commerce, applied to the Interstate Commerce Commission for certificates of public convenience and necessity to extend its operations. While hearings before an examiner were under way appellant discovered, it contends, that the examiner was not appointed and qualified in compliance with sections 5 and 11 of the Administrative Procedure Act, 5 U.S.C.A. §§ 1004, 1010, 60 Stat...

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