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U.S. Supreme Court

Eichholz v. Public Service Comm'n of Missouri, 306 U.S. 268 (1939)

Eichholz v. Public Service Commission of Missouri

No. 367

Argued February 1, 1939

Decided February 27, 1939

306 U.S. 268


1. Under Judicial Code § 266, that part of a decree of the three-judge District Court which denied a permanent injunction is reviewable directly by this Court independently of other provisions of the decree, not final, concerning a counterclaim. P. 306 U. S. 269.

2. Mere pendency before the Interstate Commerce Commission of an application under the Federal Motor Carrier Act to operate as a motor carrier in interstate commerce does not supersede the authority of a State to enforce reasonable regulations of traffic upon its highways with respect to such applicant. P. 306 U. S. 273.

3. For the effectuation of its laws requiring common carriers by motor to obtain certificates of public convenience and necessity before operating intrastate, a State may forbid intrastate business by carriers who have not such certificates but have permits from the State for use of its highways in interstate commerce only, and where an interstate carrier evades the prohibition by carrying goods from within the State to a place near to and beyond its boundary and then carrying them back for delivery in the State near the boundary, the State may revoke his permit. P. 306 U. S. 273.

In the absence of the exercise of federal authority, and in the light of local exigencies, the State is free to act in order to protect its legitimate interests even though interstate commerce is directly affected.

23 F.Supp. 587 affirmed. chanroblesvirtualawlibrary

Page 306 U. S. 269

Appeal from a decree denying a preliminary injunction against enforcement of an order revoking the appellant's permit to operate in Missouri as an interstate carrier by motor.

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