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CIRCLE EXPRESS CO. v. IOWA STATE COMMERCE COM'N

No. 49307.

86 N.W.2d 888 (1957)

CIRCLE EXPRESS COMPANY, Appellee, v. IOWA STATE COMMERCE COMMISSION, Carl W. Reed, John M. Ropes, John A. Tallman, Members of the Commission, Appellants, Railway Express Agency, Inc., and U. J. Haas and Cyril H. Wissel, d/b/a H. & W. Motor Express Company, Intervenors-Appellants, Cordle Cartage Company, The Rock Island Motor Transit Company, Dewees Bus Lines, The Greyhound Corporation (Overland Greyhound Lines Division), Intervenors-Appellees.

Supreme Court of Iowa.

December 17, 1957.

Attorney(s) appearing for the Case

Conrad A. Amend, Commerce Counsel, and Richard S. Hudson, Asst. Commerce Counsel, Des Moines, for Iowa State Commerce Commission, appellants.

Elmer F. Slovacek, Chicago, Ill., and Gamble, Read, Howland, Gamble & Riepe, Des Moines, for Railway Express Agency, Inc., intervenor-appellant.

D. C. Nolan, Iowa City, for U. J. Haas and Cyril H. Wissel, d/b/a H. & W. Motor Express Company, intervenor-appellant.

Brody, Parker, Miller, Roberts & Thoma, Des Moines, and Birdsall & McLendon, Waterloo, for Circle Express Co., appellee.

Larson & Carr, Charles City, for Cordle Cartage Co. and Dewees Bus Lines, intervenors-appellees.

Gamble, Read, Howland, Gamble & Riepe, Des Moines, for Rock Island Motor Transit Co., intervenor-appellee.

Davis, Huebner & Johnson, Des Moines, for Greyhound Corp. (Overland Greyhound Lines Division), intervenor-appellee.

LARSON, Justice.

The principal question presented by this appeal is whether evidence relating to the present operations of the Circle Express Company justified a finding that said company was holding itself out to the public generally, expressly or by proper inference or implication, that it was willing to transport for hire a certain class of goods between certain termini or on a certain route. The Iowa State Commerce Commission, herein referred to as the "commission...

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