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EASTERN CENT. MOTOR CARRIERS ASSN., INC. v. UNITED

January 11, 1966

The Eastern Central Motor Carriers Association, Inc., et al., Plaintiffs,
v.
United States of America and Interstate Commerce Commission , Defendant



Per Curiam

The Commission's justification for this decision is apparently based solely on the language of the Court in its Opinion, 239 F. Supp. 591, vacating the Commission's prior order, reading as follows:

 After quoting this language, the Commission then held that "[we] believe the reasons set forth here are sufficient." We assume this means " sufficient" to overcome the previously found insufficiency. However, the reasons set forth in the second Report of the Commission are in essence the same as those set forth in its first Report, and no additional points are raised which were not before the Court either in the Report, briefs, oral arguments, or cited pertinent cases. Therefore, the Commission has not supplied additional reasons which were not before the Court at the time of its decision, but, in effect, it has simply reiterated the reasons for its prior decision, which were rejected by the Court. It might also be added that the Commission has given single-minded attention to the phrase "in absence of sufficient reasons" appearing in the Court's decision, to support its justification for not obeying the mandate of the Court, and has overlooked the full purport of its Opinion.

 We, therefore, hold that the Report and Order of the Commission in Drugs and Related Articles, New Jersey to Chicago, I. & S. Docket No. 17133, September 3, 1965, is not in compliance with the previous Opinion and Order of this Court of March 26, 1965 and April 7, 1965, respectively, sought to be enforced, and that the motion of plaintiffs now before us will be granted and the case again remanded to the Commission for proceedings consistent with the previous Opinion and Order.

 Counsel will prepare appropriate Order in accordance herewith.

19660111

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