Mason & Dixon Lines, Inc. v. United States

271 F. Supp. 54, 1967 U.S. Dist. LEXIS 7583

• Court: District Court, E.D. Tennessee
• Decided: June 27, 1967
• Docket: No. 2018
• Status: Published

Opinion

ORDER

PER CURIAM.

The Court has carefully reviewed the record,¹ briefs and oral arguments herein and is of the unanimous opinion that the findings ancj conclusions of the defendant Commission are supported by substantial evidence; that the Commission followed the standards prescribed in the Interstate Commerce Act, particularly sections 206(a) [49 U.S.C. § 306(a)] and 207(a) [49 U.S.C. § 307 (a)]; and that the Commission did not act arbitrarily and capriciously in- making its findings and reaching its conclusions. Therefore, it hereby is

Ordered that the decision of the Commission and the report and order entered pursuant thereto is

Affirmed.

1 . The original error apparent in the record was the misconstruction by the hearing examiner of Transportation Activities, Brady Transfer & Storage Co., 47 M.C.C. 23 (1947), in which one member of the Operating Rights Review Board No. 1 of the defendant concurred. Division 1 of the defendant Commission, acting as an appellate division, however, corrected the misconstruction in a unanimous confirmation of the majority of the said Operating Rights Review Board.