Practitioners' Journal, Volume 38,Edição 2Association of Interstate Commerce Commission Practitioners., 1971 |
Outras edições - Ver tudo
Palavras e frases frequentes
34 Passenger Trains applicant's Association Atlas Van Lines authority to transport burden carrier service certificate charges Co.-Discontinuance coloading Comm Commission's commodities common carrier authority competitive CONSOLIDATED CURRENT INDEX Cont contract carrier convenience and necessity Corporation costs County Court demurrage dunnage East Alton effect equipment establish evidence existing carriers Federal filed freight forwarder grant of authority Inasmuch Interstate Commerce Act Interstate Commerce Commission involved issue joint rates judicial review jurisdiction merger Mineral Wool motion to strike motor carrier motor common carrier movement National Trailer Convoy national transportation policy Netcong Penn Central Transp Penna points Port Port Wentworth proceeding proposed service protestant protestant's public convenience public interest rail railroads reasonable rebuttal regulations restriction rules Section served shipments specific Supp supporting shipper tariff temporary authority tion trackage rights traffic trailers transportation service Truck Line unlawful vehicles
Passagens conhecidas
Página 212 - ... state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee.
Página 179 - A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.
Página 175 - Primary jurisdiction," on the other hand, applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views.
Página 178 - At the same time, however, these decisions have in no way eroded the "established principle that to entitle a private individual to Invoke the judicial power to determine the validity of executive or legislative action he must show that he has sustained, or is immediately in danger of sustaining, a direct injury as the result of that action . . . ." Ex parte Levitt, 302 US 633, 634, 58 S.Ct.
Página 187 - Congress has merely made it clear that a reviewing court is not barred from setting aside a Board decision when it cannot conscientiously find that the evidence supporting that decision is substantial, when viewed in the light that the record in its entirety furnishes, including the body of the evidence opposed to the Board's view.
Página 190 - ... proceedings, grant temporary authority for such service by a common carrier or a contract carrier by motor vehicle, as the case may be. Such temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the Commission shall specify but for not more than an aggregate of 180 days, and shall create no presumption that corresponding permanent authority will be granted thereafter.
Página 192 - ... (9) Names and addresses of existing carriers who have either failed or refused to provide the service, and the reasons given for any such failure or refusal. (10) Name and address of motor carrier who will provide service and is filing application for temporary authority. (11) If the person supporting the application has supported any prior application for permanent or temporary authority covering all or any part of the desired service, give the carrier's name, address, and motor carrier docket...
Página 179 - Abbott Laboratories v. Gardner, 387 US 136, 141 (1967). As stated by the Supreme Court in that case: "The question is phrased in terms of 'prohibition' rather than 'authorization' because a survey of our cases shows that judicial review of a final agency action by an aggrieved person will not be cut off unless there is persuasive reason to believe that such was the purpose of Congress.
Página 180 - When an application for rehearing, reargument, or reconsideration of any decision, order, or requirement of a division, an individual Commissioner, or a board with respect to any matter assigned or referred to him or it shall have been made and shall have been denied, or after rehearing, reargument, or reconsideration otherwise disposed of, by the Commission or an appellate division...
Página 177 - gist of the question of standing" is whether the party seeking relief has "alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.