American Trucking Ass'n v. Interstate Commerce Commission

Fifth Circuit

American Trucking Ass'n v. Interstate Commerce Commission

728 F.2d 254

Court of Appeals for the Fifth Circuit·Decided March 14, 1984·No. No. 81-4026·Published·Cited by 3 cases

Opinion

BY THE COURT:

Civil contempt is coercive rather than punitive. It is intended to make a recalcitrant party comply with an affirmative command of the court. Jones v. Louisiana State Bar Association, 602 F.2d 94 (5th Cir.1979). The petitioner has not made a sufficient showing that such coercion is now appropriate, particularly in view of the ICC’s response dated March 7. Therefore, both of the motions to cite for contempt are DENIED without prejudice to a similar motion should the ICC fail to issue final rules by April 10, 1984.

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BY THE COURT:

Civil contempt is coercive rather than punitive. It is intended to make a recalcitrant party comply with an affirmative command of the court. Jones v. Louisiana State Bar Association, 602 F.2d 94 (5th Cir.1979). The petitioner has not made a sufficient showing that such coercion is now appropriate, particularly in view of the ICC’s response dated March 7. Therefore, both of the motions to cite for contempt are DENIED without prejudice to a similar motion should the ICC fail to issue final rules by April 10, 1984.

American Trucking Ass'n v. Interstate Commerce Commission, 728 F.2d 254 (5th Cir. 1984).

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Opinion

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