SOUTHERN OVERLYING CARRIER CHAPTER OF THE CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION Et Al. v. PUBLIC UTILITIES COMMISSION OF CALIFORNIA

434 U.S. 9, 98 S. Ct. 251, 54 L. Ed. 2d 8, 1977 U.S. LEXIS 151

• Court: Supreme Court of the United States
• Decided: October 11, 1977
• Docket: 76-1526
• Status: Published

Opinions

Per Curiam.

In this appeal from a judgment of the Supreme Court of California, appellants challenge the constitutionality of the promulgation by appellee of certain rate tariffs applicable to dump truck carriers operating in California. They contend essentially that the tariffs violate their rights to due process and equal protection guaranteed by the Fourteenth Amendment because appellee issued them on the basis of findings unsupported by any evidence in the record. We have been informed by the parties that subsequent to the filing of the jurisdictional statement with this Court appellee reopened its proceedings at appellants’ request and is conducting additional evidentiary hearings concerning the contested regulations. These hearings may remove the basis for, or significantly alter the nature of, appellants’ constitutional attack. Consequently, we dismiss the appeal without prejudice to appellants’ raising of any appropriate federal claims following the completion of the additional proceedings. See Boston & M. R. Co. v. United States, 358 U. S. 68 (1958).

So ordered.