Auto Drive-Away Company of Hialeah, Inc. v. ICC, No. 22311.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | TUTTLE, , WISDOM, Circuit , and FISHER |
| Citation | 360 F.2d 446 |
| Parties | AUTO DRIVE-AWAY COMPANY OF HIALEAH, INC., Gertrude McKiernan and B. J. McKiernan, Appellants, v. INTERSTATE COMMERCE COMMISSION, Appellee. |
| Docket Number | No. 22311. |
| Decision Date | 10 May 1966 |
360 F.2d 446 (1966)
AUTO DRIVE-AWAY COMPANY OF HIALEAH, INC., Gertrude McKiernan and B. J. McKiernan, Appellants,
v.
INTERSTATE COMMERCE COMMISSION, Appellee.
No. 22311.
United States Court of Appeals Fifth Circuit.
May 10, 1966.
Edmond J. Gong, Miami, Fla., for appellants.
Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., J. P. Proffitt, Jr., Reg. Counsel, I.C.C., Atlanta, Ga., for appellee.
Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and FISHER, District Judge.
WISDOM, Circuit Judge:
This appeal raises only the question of the sufficiency of the evidence to support the district court's summary judgment in favor of the Interstate Commerce Commission. We hold that the evidence was sufficient, and affirm the judgment below.
The Interstate Commerce Commission filed suit in the district court to enjoin the Auto Drive-Away Company of Hialeah, Inc., Gertrude McKiernan, President, and B. J. McKiernan, Vice-President, from continuing their automobile drive-away operation without ICC authorization. The Commission alleged that the appellants were operating as a "motor carrier" as defined by Section 203
The court found Auto Drive-Away of Hialeah to be a typical auto drive-away operation. The defendant corporation holds a franchise from Auto Drive-Away of Chicago, a company operating on a nation-wide scale. The Hialeah Company advertises in the Miami newspapers and in the Yellow Pages of the Miami telephone book that it is in the business of acting as "agents" of owners of vehicles who desire to have them moved to another point within the United States. The owner contracts with the...
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Peralta v. Martinez, No. 2786
...(2) by making an objection. Associated Press v. Cook, 513 F.2d 1300 (10th Cir. 1975); Auto Drive-Away Company of Hialeah, Inc. v. I.C.C., 360 F.2d 446 (5th Cir. 1966); Ernst Seidelman Corporation v. Mollison, 10 F.R.D. 426 (D.Ohio 1950); Klingman v. National Indemnity Company, 317 F.2d 850 ......
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Castiglione v. Johns Hopkins Hosp., No. 123
...442, 445, cert. denied, 393 U.S. 935, 89 S.Ct. 295, 21 L.Ed.2d 271 (10th Cir.1968); Auto Drive-Away Company of Hialeah, Inc. v. I.C.C., 360 F.2d 446 (5th Cir.1966); 10A Wright, Miller & Kane, Federal Practice and Procedure, § 2738 at 507-08 (1983) and cases cited therein. [517 A.2d 792] III......
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In re Associated Bicycle Service, Inc., Bankruptcy No. 88-61426
...Electric Credit Corp., 400 F.2d 442 (10th Cir.1968) cert. den. 393 U.S. 935, 89 S.Ct. 295, 21 L.Ed.2d 271; Auto Drive-Way Co. v. I.C.C., 360 F.2d 446 (5th Cir.1966); Klingman v. National Indemnity Co., 317 F.2d 850 (7th Cir.1963). In the absence of such a motion or objection an affidavit no......
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Eguia v. Tompkins, No. 84-2451
...us to consider it in assessing whether summary judgment was properly granted. See Auto Drive-Away Co. v. Interstate Commerce Commission, 360 F.2d 446, 449 (5th 15 We need not consider whether the notice the county provided was itemized as required by article 3912e. Mr. Eguia should have put......
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Peralta v. Martinez, No. 2786
...(2) by making an objection. Associated Press v. Cook, 513 F.2d 1300 (10th Cir. 1975); Auto Drive-Away Company of Hialeah, Inc. v. I.C.C., 360 F.2d 446 (5th Cir. 1966); Ernst Seidelman Corporation v. Mollison, 10 F.R.D. 426 (D.Ohio 1950); Klingman v. National Indemnity Company, 317 F.2d 850 ......
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Castiglione v. Johns Hopkins Hosp., No. 123
...442, 445, cert. denied, 393 U.S. 935, 89 S.Ct. 295, 21 L.Ed.2d 271 (10th Cir.1968); Auto Drive-Away Company of Hialeah, Inc. v. I.C.C., 360 F.2d 446 (5th Cir.1966); 10A Wright, Miller & Kane, Federal Practice and Procedure, § 2738 at 507-08 (1983) and cases cited therein. [517 A.2d 792] III......
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In re Associated Bicycle Service, Inc., Bankruptcy No. 88-61426
...Electric Credit Corp., 400 F.2d 442 (10th Cir.1968) cert. den. 393 U.S. 935, 89 S.Ct. 295, 21 L.Ed.2d 271; Auto Drive-Way Co. v. I.C.C., 360 F.2d 446 (5th Cir.1966); Klingman v. National Indemnity Co., 317 F.2d 850 (7th Cir.1963). In the absence of such a motion or objection an affidavit no......
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Eguia v. Tompkins, No. 84-2451
...us to consider it in assessing whether summary judgment was properly granted. See Auto Drive-Away Co. v. Interstate Commerce Commission, 360 F.2d 446, 449 (5th 15 We need not consider whether the notice the county provided was itemized as required by article 3912e. Mr. Eguia should have put......