US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for


Subscribe to Cases that cite 358 U. S. 133 RSS feed for this section

U.S. Supreme Court

American Trucking Assns. v. Frisco Co., 358 U.S. 133 (1958)

American Trucking Assns. v. Frisco Transportation Co.

No. 15

Argued October 13, 1958

Decided December 15, 1958*

358 U.S. 133


Under what is now § 5(2)(b) of the Interstate Commerce Act, the Commission authorized appellee, the wholly owned subsidiary of a railroad, to purchase the operating rights of several independent motor carriers. Each of the Commission's reports authorizing such purchases stated that the approval was subject

"to such further limitations, restrictions, or modifications as the Commission may hereafter find necessary to impose in order to insure that the service shall be auxiliary or supplementary to the train service of the railroad. . . ."

Thereafter, without notice, hearing or other proceeding for the elimination of this reservation, the Commission issued to appellee certificates of public convenience and necessity which did not contain the reservation of power to impose restrictions. Still later, the Commission reopened the acquisition proceedings and found, after notice and hearing, that the omission of the reservation of such power from the certificates resulted from an inadvertent ministerial error of the Commission's staff, and it ordered that this error be corrected and that certain specified conditions consistent with the reservations be imposed. Appellee sued to have the order set aside.

Held: the Commission's order is sustained. Pp. 358 U. S. 134-146.

(1) On the record in this case, the Commission properly concluded that the omission from the certificates of the reservation of power to impose restrictions was not due to a conscious policy choice on the part of the Commission, but resulted from an inadvertent ministerial error on the part of the Commission's staff. Pp. 358 U. S. 140-144.

(2) Under § 17(3) of the Act, the Commission had power to modify the certificates so as to correct these inadvertent ministerial chanroblesvirtualawlibrary

Page 358 U. S. 134

errors, and such action is not prohibited by § 212, which makes the issuance of a certificate the final step in the administrative process. Pp. 358 U. S. 144-146.

153 F.Supp. 572 reversed.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™