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UNITED STATES V. J. B. MONTGOMERY, INC., 376 U. S. 389 (1964)

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U.S. Supreme Court

United States v. J. B. Montgomery, Inc., 376 U.S. 389 (1964)

United States v. J. B. Montgomery, Inc.

No. 66

Argued January 8, 1964

Decided March 23, 1964

376 U.S. 389


Appellee is a contract carrier which had been authorized to transport a variety of commodities for shippers in specified businesses. Acting under § 212(c) of the Interstate Commerce Act as amended in 1957, the Interstate Commerce Commission (ICC) converted appellee's contract carrier permit into a common carrier certificate, but imposed the restriction, challenged by appellee in this proceeding, that shipments be limited to those "from, to, or between wholesale and retail outlets" and stores.

Held: the ICC in sanctioning the conversion of appellee's contract carrier permit into a common carrier certificate had authority under § 212(c) to impose only such restrictions as those under which the contract carrier was operating before the conversion, and appellee may therefore continue to exercise such privileges as it then enjoyed. Pp. 376 U. S. 389-396.

206 F. Supp. 455, affirmed.

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