LESTER C. NEWTON TRUCKING CO.
v.
UNITED STATES ET AL.
LESTER C. NEWTON TRUCKING CO.
UNITED STATES ET AL.
389 U.S. 30
Supreme Court of the United States (1967)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Per Curiam.
The motion to affirm is granted and the judgment is affirmed.
Mr. Justice Harlan and Mr. Justice White would note probable jurisdiction and set the case for oral argument.
Mr. Justice Marshall took no part in the consideration or decision of this case.
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Hilt Truck Line, Inc. v. United States & Interstate Commerce Comm'n, 532 F.2d 1199 (8th Cir. 1976)…and necessity is placed on the motor carrier seeking operating authority. Tri-State Motor Transit Co. v. United States, 369 F.Supp. 1242, 1244 (W.D.Mo.1973); Lester C. Newton Trucking Co. v. United States, 264 F.Supp. 869, 885 (D.Del.), aff’d mem., 389 U.S. 30, 88 S.Ct. 108, 19 L.Ed.2d 29 (1967). In an attempt to demonstrate that the Schneider Transport application was approved in an arbitrary and capricious manner, petitioners broadly contend that the Commission acted on the basis of insufficient evidenc…