INTERSTATE COMMERCE COM'N v. Allen E. Kroblin, Inc., No. 14921.
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Writing for the Court | SANBORN, WOODROUGH and JOHNSEN, Circuit |
| Citation | 212 F.2d 555 |
| Parties | INTERSTATE COMMERCE COMMISSION v. ALLEN E. KROBLIN, Inc. |
| Decision Date | 11 May 1954 |
| Docket Number | No. 14921. |
212 F.2d 555 (1954)
INTERSTATE COMMERCE COMMISSION
v.
ALLEN E. KROBLIN, Inc.
No. 14921.
United States Court of Appeals Eighth Circuit.
May 11, 1954.
Asa J. Merrill, Atty., Interstate Commerce Commission, New York City (James A. Murray, Washington, D. C., and Donald R. Partney, Kansas City, Mo., on the brief), for appellant.
David Axelrod, Chicago, Ill., for amici curiae, David Axelrod and Carl S. Steiner, in support of the position of appellant.
Craig H. Mosier, Waterloo, Iowa (Mosier & Mosier, Waterloo, Iowa, on the brief), for appellee.
Donald A. Campbell, Atty., Department of Agriculture, Washington, D. C. (Neil Brooks, Associate Sol., Washington, D. C., on the brief), for amicus curiae the Secretary of Agriculture, in support of the position of appellee.
Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.
JOHNSEN, Circuit Judge.
The Interstate Commerce Commission sought to enjoin Allen E. Kroblin, Inc., an Iowa trucking corporation, from hauling dressed poultry1 in interstate commerce, because it had no certificate of convenience and necessity from the Commission, 49 U.S.C.A. §§ 306 and 309. The District Court denied the injunction and dismissed the suit, and the Commission has appealed.
The basis of the trial court's action was its considered view that the hauling of dressed poultry was a hauling of an agricultural commodity, and that the operation therefore was exempt from the certificating requirements of Part II of the Interstate Commerce Act, 49 U.S.C. A. § 301 et seq., under the provision of § 303(b) (6) that "Nothing in this chapter, except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment shall be construed to include * * * (6) motor vehicles used in carrying property consisting of ordinary livestock, fish (including shell fish), or agricultural (including horticultural) commodities (not including manufactured products thereof), if such motor vehicles are not used in carrying any other property, or passengers, for compensation."
In its resolution of whether dressed poultry represented an agricultural commodity or constituted "manufactured products thereof", the court considered the question on the basis of the legal, the legislative, and the industrial realities involved, taking into account the general concept and the decisional definition existing as to the term "manufacture", the indicated purpose of § 303(b) (6) reflected in its legislative history and given confirmation in the consistent treatment by Congress of the attempts made from time to time to get the language of the section changed, and the industrial fact that the exemption was not a matter of...
To continue reading
Request your trial
-
Continental Oil Company v. Federal Power Commission, No. 17016.
...I.C.C. v. Dunn, 5 Cir., 1948, 166 F.2d 116; I.C.C. v. Allen E. Kroblin, Inc., D.C. N.D.Iowa, 1953, 113 F.Supp. 599, affirmed 8 Cir., 1954, 212 F.2d 555. It matters not what happens to regulation, it matters not how some assumed policy will be thwarted or impeded. The simple truth is that th......
-
HALE DISTRIBUTING COMPANY v. United States, Civ. No. 62-88.
...884, 77 S.Ct. 129, 1 L.Ed.2d 82 (1956); Interstate Commerce Commission v. Allen E. Kroblin, Inc., 113 F. Supp. 599 (N.D.Ia.1953), aff'd 212 F.2d 555 (8th Cir.1954), cert. den. 348 U.S. 836, 75 S.Ct. 49, 99 L.Ed. 659 2 Although "exempt" commodities in themselves, frozen fish and po......
-
American Trucking Associations, Inc. v. United States, Civ. A. No. 75-254.
...v. United States, 50 F.Supp. 249 (D.Minn. 1943), aff'd, 322 U.S. 1, 64 S.Ct. 842, 88 L.Ed. 1093 (1944); I.C.C. v. Allen E. Kroblin, Inc., 212 F.2d 555 (8th Cir. 1954), cert. denied, 348 U.S. 836, 75 S.Ct. 49, 99 L.Ed. 659 (1954), aff'g 113 F.Supp. 599 (N.D.Iowa Thus, having determined that ......
-
Counts v. Cedarville School District, No. CIV.02-2155.
...e.g., Michigan National Bank v. State of Michigan, 365 U.S. 467, 81 S.Ct. 659, 5 L.Ed.2d 710 (1961) and I.C.C. v. Allen E. Kroblin, Inc., 212 F.2d 555 (8th Cir.1954). However, given the unusual nature of the filing, the Court believes the better course for it to follow is to simply not incl......
-
Continental Oil Company v. Federal Power Commission, No. 17016.
...I.C.C. v. Dunn, 5 Cir., 1948, 166 F.2d 116; I.C.C. v. Allen E. Kroblin, Inc., D.C. N.D.Iowa, 1953, 113 F.Supp. 599, affirmed 8 Cir., 1954, 212 F.2d 555. It matters not what happens to regulation, it matters not how some assumed policy will be thwarted or impeded. The simple truth is that th......
-
HALE DISTRIBUTING COMPANY v. United States, Civ. No. 62-88.
...884, 77 S.Ct. 129, 1 L.Ed.2d 82 (1956); Interstate Commerce Commission v. Allen E. Kroblin, Inc., 113 F. Supp. 599 (N.D.Ia.1953), aff'd 212 F.2d 555 (8th Cir.1954), cert. den. 348 U.S. 836, 75 S.Ct. 49, 99 L.Ed. 659 2 Although "exempt" commodities in themselves, frozen fish and po......
-
American Trucking Associations, Inc. v. United States, Civ. A. No. 75-254.
...v. United States, 50 F.Supp. 249 (D.Minn. 1943), aff'd, 322 U.S. 1, 64 S.Ct. 842, 88 L.Ed. 1093 (1944); I.C.C. v. Allen E. Kroblin, Inc., 212 F.2d 555 (8th Cir. 1954), cert. denied, 348 U.S. 836, 75 S.Ct. 49, 99 L.Ed. 659 (1954), aff'g 113 F.Supp. 599 (N.D.Iowa Thus, having determined that ......
-
Counts v. Cedarville School District, No. CIV.02-2155.
...e.g., Michigan National Bank v. State of Michigan, 365 U.S. 467, 81 S.Ct. 659, 5 L.Ed.2d 710 (1961) and I.C.C. v. Allen E. Kroblin, Inc., 212 F.2d 555 (8th Cir.1954). However, given the unusual nature of the filing, the Court believes the better course for it to follow is to simply not incl......