NELSON, INC., v. UNITED STATES

No. 16.

355 U.S. 554 (1958)

ANDREW G. NELSON, INC., v. UNITED STATES ET AL.

Supreme Court of United States.

Decided March 3, 1958.


Attorney(s) appearing for the Case

Paul E. Blanchard argued the cause for appellant. With him on the brief were Victor L. Lewis and Edward W. Rothe.

Roger Fisher argued the cause for appellees. On the brief were Solicitor General Rankin, Assistant Attorney General Hansen, Robert W. Ginnane and Isaac K. Hay for the United States and the Interstate Commerce Commission, appellees.


MR. JUSTICE CLARK delivered the opinion of the Court.

This appeal concerns the scope of a contract carrier permit granted appellant by the Interstate Commerce Commission under the "grandfather clause" of the Motor Carrier Act of 1935.1 The Commission interpreted "stock in trade of drug stores," a commodity description in appellant's permit, to authorize carriage of only those goods which at time of movement are, or are intended to become...

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