WASHINGTON, MARLBORO & ANNAPOLIS MOTOR LINES v. Public Utilities Commission of District of Columbia

Decision Date23 July 1953
Docket NumberNo. 11595.,11595.
Citation93 US App. DC 63,206 F.2d 490
PartiesWASHINGTON, MARLBORO & ANNAPOLIS MOTOR LINES, Inc. v. PUBLIC UTILITIES COMMISSION OF DISTRICT OF COLUMBIA et al.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. James P. Donovan, Washington, D. C., for appellant.

Mr. Lloyd B. Harrison, Counsel for Public Utilities Commission of District of Columbia, Washington, D. C., with whom Mr. Vernon E. West, General Counsel, Washington, D. C., was on the brief for appellee Public Utilities Commission of District of Columbia.

Mr. W. V. T. Justis, Washington, D. C., with whom Messrs. Edmund L. Jones, F. Gloyd Awalt, Raymond Sparks and F. Keith Kelly, Washington, D. C., were on the brief for appellee Capital Transit Co.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

PER CURIAM.

This case relates to passenger bus service offered by competing companies in the Southeast area of Washington. The appellant, Washington, Marlboro and Annapolis Motor Lines, Inc., a carrier, challenges certain decisions as to routes made by the Public Utilities Commission of the District of Columbia. It appeals from a judgment by the United States District Court for the District of Columbia upholding the Commission after protracted proceedings, whose history is set forth in opinions of the District Court dated April 13, 1950, 114 F.Supp. 321, and July 17, 1952, 114 F.Supp. 328. In the opinion of July 17, 1952, Judge McLaughlin carefully reviews the facts and the law. Our own study of the record and the briefs has satisfied us of the correctness of the views there expressed.1

Affirmed.

1 On this appeal, appellant contends for the first time that the notice of hearing on remand (see 1950, 114 F.Supp. 321) was defective, and that a vital finding then made was unsupported in the record. We do not consider these points, since they were not raised below. See United States v. Hoffman, 1948, 335 U.S. 77, 79, 68 S.Ct. 1413, 92 L.Ed. 1830.

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4 cases
  • Wash. Gas Light Co. v. Public Service Com'n
    • United States
    • Court of Appeals of Columbia District
    • September 10, 1982
    ...Washington, Marlboro & Annapolis Motor Lines, Inc. v. Public Utilities Commission, 114 F.Supp. 328, 333 (D.D.C.1952), aff'd, 93 U.S. App.D.C. 63, 206 F.2d 490 (1953). The Commission had a reasoned basis for rejecting the Company's The Commission also adopted the recommendation of People's C......
  • Watergate Improvement Assoc. v. Public Serv. Com'n
    • United States
    • Court of Appeals of Columbia District
    • September 23, 1974
    ......v. . PUBLIC SERVICE COMMISSION of the District of Columbia, Respondent, . ...         A. Fred Freedman, Washington, D.C., for petitioner. .         Linus ...C. Transit System, Inc. v. Public Utilities Com'n of D. of C., 110 U.S.App.D.C. 241, 292 F.2d ... review are those expressed in Western Air Lines, Inc. v. Civil Aeronautics Board, 495 F.2d 145, ...2 (1973); Washington, Marlboro & A. M. Lines v. Public Util. Com'n, 114 F.Supp. ......
  • Goodman v. Public Service Com'n of District of Columbia
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 25, 1974
    ...alternatives. Washington, Marlboro & A. M. Lines v. Public Utilities Comm'n, 114 F.Supp. 328, 333 (D.D.C. 1952), aff'd, 93 U.S.App.D.C. 63, 206 F. 2d 490 (1953). It is especially important to accord great respect to the Commission in a complex, esoteric area such as rate making in which the......
  • O'kon v. Roland
    • United States
    • U.S. District Court — Southern District of New York
    • May 24, 1965
    ......United States District Court S. D. New York. May 24, 1965.247 F. Supp. ... days at least, is a matter of private and public comment in the community. Homosexuality and its ...v. Federal Communications Commission, 68 U.S. App.D.C. 292, 96 F.2d 564 (1938), a ... the Court of Appeals for the District of Columbia in Sisto v. Civil Aeronautics Board, 86 U.S.App. ...Curran, 12 F.2d 636 (2d Cir. 1926); Washington, Marlboro & Annapolis Motor Lines, Inc. v. Public Utilities Commission, etc., 114 F.Supp. 328, 333 (D.D.C. ......

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