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ARCHIE'S MOTOR FREIGHT, INCORPORATED v. I. C. C.

Civ. A. No. 3015.

226 F.Supp. 487 (1960)

ARCHIE'S MOTOR FREIGHT, INCORPORATED, Complainant, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants.

United States District Court E. D. Virginia, at Richmond.

Decided June 3, 1960.

Attorney(s) appearing for the Case

John C. Goddin, Richmond, Va., and Glenn F. Morgan, Washington, D. C., for plaintiff.

Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Asst. Gen. Counsel, I. C. C., Washington, D. C., for Interstate Commerce Commission.

Robert A. Bicks, Acting Asst. Atty. Gen., James H. Durkin, Atty., Dept. of Justice, Washington, D. C., Joseph S. Bambacus, U. S. Atty., E. D. Virginia, Richmond, Va., for the United States.

Drew L. Carraway, Homer S. Carpenter, Washington, D. C., and Books Shetter, Richmond, Va., for Snyder Bros. Motor Freight, Inc., intervening defendant.

Before BOREMAN, Circuit Judge, and BUTLER and BRYAN, District Judges.

ALBERT V. BRYAN, District Judge.

Peanut butter is not canned goods, the Interstate Commerce Commission has here held in construing the plaintiff motor carrier's certificate of authority, wherein the service to be rendered is limited to the transportation, between named termini, of "canned goods". In the circumstances we quite agree. Hence we uphold the Commission's cease and desist order against the further carriage by the plaintiff of peanut butter.

The certificate...

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