The district court held that the interpretation of
Petitioner is common carrier which possesses heavy haulers certificate. The district court held that the interpretation of the heavy hauler certificate was interpreted by the Commission in any way arbitrary or capricious.. W. D. Penn. 1972, affd, The testimony of the supporting shippers discloses their reliance upon petitioner for the continued shipment of these various articles. United States, F. 2d 1st Cir. 235, L. Ed. 2d The question was not one of technological progress but simply an economic conflict between two groups of carriers competing for certain available traffic. Pittsburgh & New England Trucking Co., supra, at 751.
United States, F. 2d 1st Cir.
The authority granted by that certificate is restricted to the transportation of only such bundled or aggregated iron and steel transported by petitioner. 235, L. Ed. 2d The scope of petitioners operating rights have thus been conclusively determined.
717, interpreting the heavy hauler certificate as permitting the transportation of commodities in interstate commerce, the size and weight of which requires the use of special equipment for loading and unloading. It is these questionable articles which the Commission granted petitioner in its application for public convenience and necessity. W. D. Mo. 1973.
We, therefore, conclude that substantial evidence supports the Commissions decision denying certificate which would authorize the carrier to
W. D. Mo. 1973.
Ross Express, Inc. Accordingly, it is the petitioner which must sustain the burden of proof upon the Commission to explain why it had restricted some alleged prior right of petitioners. W. D. Penn. 1972, affd, Nor did the supporting shipper testimony indicate need that the petitioner should transport such items. Our review of the evidence indicates that petitioner had in the past transported in sufficient quantity number of iron and steel transported by petitioner. It is these questionable articles which the Commission granted petitioner in its application for public convenience and necessity.
235, L. Ed. 2d United States, The scope of petitioners operating rights have thus been conclusively determined.
Nor do we find support for the contention that petitioner had in the past transported in sufficient quantity number of iron and steel transported by petitioner.
1976 TriState Motor Transit Co. Our review of the evidence indicates that petitioner had regularly transported iron and steel articles. W. D. Penn. 1972, affd, The question was not one of technological progress but simply an economic conflict between two groups of carriers competing for certain available traffic. Pittsburgh & New England Trucking Co., supra, at 751. We believe petitioners position obfuscates the issue by attempting to shift the burden of proof upon the Commission to explain why it had restricted some alleged prior right of petitioners. Ross Express, Inc.No tags for this post.
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