Public Convenience And Necessity

453 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Cal. GAS Producers Ass'n v. Fed. Power Comm'n
  421 F.2d 422· 9th Cir.· 1970-01-23 ·cited 8×
  The court affirmed the FPC's orders authorizing Pacific Gas Transmission Company to import natural gas, finding the Commission adequately revealed the factual basis for its market determination and properly considered antitrust factors in light of consumer protection.
• The Palisades Citizens Ass'n, Inc. v. Civil Aeronautics Bd.
  420 F.2d 188· D.C. Cir.· 1969-09-12 ·cited 8×
  The court held that the Civil Aeronautics Board's denial of formal intervention to citizens' groups was reasonable, as their interests were adequately represented through informal participation and other parties.
• Alaska Airlines, Inc. v. PAN Am. World Airways, Inc.
  321 F.2d 394· D.C. Cir.· 1963-06-20 ·cited 8×
  The court held that judicial review of the Civil Aeronautics Board's potential termination of Pan American's route certificate was premature, as the Board's final decision was uncertain and not yet subject to Presidential determination.
• Am. Liberty OIL Co. v. Fed. Power Comm'n
  301 F.2d 15· 5th Cir.· 1962-03-30 ·cited 8×
  The court held that the Federal Power Commission could validly attach a price condition to a temporary certificate of public convenience and necessity, even without a full hearing or specific findings, provided the condition is reasonable and not an abuse of discretion.
• Harper OIL Co. v. Fed. Power Comm'n
  284 F.2d 137· 10th Cir.· 1960-11-12 ·cited 8×
  The court held that the Federal Power Commission has jurisdiction over independent gas producers who have dedicated their gas to interstate commerce, even after contract expiration, and that the Commission's denial of abandonment was supported by substantial evidence.
• City OF DES Moines v. Chicago & N. W. Ry. Co.
  264 F.2d 454· 8th Cir.· 1959-03-05 ·cited 8×
  A court cannot decree an ouster of a railway from a street without prior Interstate Commerce Commission (ICC) approval, even if the railway's occupancy is based on a forfeited franchise, because such ouster may constitute an abandonment of an interstate line requiring ICC certifi
• Redwing Carriers, Inc. v. Mack
  73 So. 2d 416· Fla.· 1954-05-25 ·cited 8×
  The Florida Supreme Court held that the Florida Railroad and Public Utilities Commission erred in granting a certificate to Robertson Transportation Company to operate as a contract carrier of liquefied petroleum gas without first giving existing certificate holders a reasonable
• Pub. Utils. Comm'n of Conn. v. Fed. Power Comm'n
  205 F.2d 116· 3d Cir.· 1953-06-15 ·cited 8×
  The court held that the Federal Power Commission's order revoking Transcontinental's certificate and granting Tennessee a new one was supported by sufficient findings and statutory authority.
• City of New Orleans v. Tex. & N. O. R. Co.
  195 F.2d 882· 5th Cir.· 1952-04-04 ·cited 8×
  The court held that while the contract was generally valid, the perpetual injunction was too broad as it excluded the Interstate Commerce Commission's authority to modify rates. The court also found the City's claims for past compensation to be without merit.
• Chicago v. Chicago Great W. R. Co.
  190 F.2d 361· 8th Cir.· 1951-08-06 ·cited 8×
  The court held that the trial court should have modified its order denying a temporary injunction to restrain the defendant railroad from further dismantling the bridge and railway line, as the plaintiffs demonstrated a substantial interest and potential irreparable harm.
• W. R. Grace & Co. v. Civil Aeronautics Bd.
  154 F.2d 271· 2d Cir.· 1946-01-28 ·cited 8×
  The court denied petitions for rehearing, clarifying that the Board may consider private disputes if they affect the public interest and that the court's review powers are broad in such cases.
• Texas-Empire Pipe Line Co. v. Commissioner of Internal Revenue
  127 F.2d 220· 10th Cir.· 1942-03-23 ·cited 8×
  The court held that a valuation board's judgment is final unless it acts arbitrarily, fraudulently, or uses fundamentally erroneous methods. The dissenting opinion argues the Board properly used an accepted valuation method and its decision should be affirmed.
• State v. Ga. S. & Fla. Ry. Co.
  139 Fla. 115· Fla.· 1939-07-07 ·cited 8×
  The Florida Supreme Court upheld a railroad commission order requiring Georgia Southern & Florida Railway Company to maintain minimum daily train service on its Valdosta-to-Palatka line, holding that while individual services may be loss-making, the railroad cannot avoid this obl
• Stewart v. Mack
  66 So. 2d 811· Fla.· 1953-07-28 ·cited 7×
  The Florida Supreme Court upheld the constitutionality of Florida's Transportation Act of 1931, which grants the Railroad and Public Utilities Commission authority to regulate motor carriers. The court rejected petitioners' constitutional challenges to the statute and a Commissio
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  204 F.2d 925· 3d Cir.· 1953-04-30 ·cited 7×
  The court vacated the Commission's orders denying Panhandle's application to reduce gas deliveries, remanding for reconsideration.
• United Air Lines, Inc. v. Civil Aeronautics Bd.
  D.D.C.· 1946-04-22 ·cited 7×
  The court held that the Civil Aeronautics Board's findings, even if general and not expressed in precise dollar amounts, were sufficient to support its decision to award a new air route, given the nature of the administrative judgment required and the comparative analysis of the
• Redden v. Interstate Commerce Comm'n & United States
  956 F.2d 302· D.C. Cir.· 1992-02-19 ·cited 6×
  The Interstate Commerce Commission cannot exempt a track abandonment from regulation solely because the track will be sold and continue operating, as this circumvents statutory requirements for carrier-to-carrier transfers.
• Pa. Pub. Util. Comm'n v. Fed. Energy Regulatory Comm'n
  881 F.2d 1123· D.C. Cir.· 1989-08-11 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) did not err in denying an evidentiary hearing or in its decision that the corporate reorganization was consistent with the public interest.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  825 F.2d 238· 9th Cir.· 1987-08-18 ·cited 6×
  The court held that the ICC's decision not to impose labor protective conditions on the selling carrier was arbitrary and capricious because it failed to articulate a satisfactory explanation and apply the law to the specific facts of the case.
• Nat'l Cable Television Ass'n, Inc. v. Fed. Commc'ns Comm'n & United States
  747 F.2d 1503· D.C. Cir.· 1984-11-09 ·cited 6×
  The court held that the FCC's rule lessening the burden for telephone companies to provide cable service in rural areas was consistent with its statutory mandate and the Administrative Procedure Act, but the FCC must still consider arguments regarding present intentions of indepe
• Nicholson v. Interstate Commerce Comm'n & United States
  711 F.2d 364· D.C. Cir.· 1983-06-30 ·cited 6×
  The court held that a classification yard, used for switching and incidental to main-line transportation, is not a "railroad line" requiring Interstate Commerce Commission approval under 49 U.S.C. § 10901(a), but is instead an exempt switching track under 49 U.S.C. § 10907(b).
• Dean Truck Lines, Inc. v. Interstate Commerce Comm'n & United States
  688 F.2d 254· 5th Cir.· 1982-08-30 ·cited 6×
  The court held that the Interstate Commerce Commission's decision granting Brown Transport Corp. motor carrier authority was adequately supported by findings and rationale, despite claims of insufficient clarity.
• Airport Shuttle Serv., Inc. v. Interstate Commerce Comm'n & United States
  676 F.2d 836· D.C. Cir.· 1982-04-27 ·cited 6×
  The court held that the Interstate Commerce Commission's decision granting expanded authority to Galaxy Limousine Service was not supported by substantial evidence.
• DELTA AIR Lines, Inc. v. Civil Aeronautics Bd.
  674 F.2d 1· D.C. Cir.· 1982-02-26 ·cited 6×
  The court held that the Civil Aeronautics Board (CAB) lacked the statutory authority under Section 419 of the Airline Deregulation Act of 1978 to postpone Eastern Air Lines' suspension of service to Montgomery, Alabama, because Montgomery did not qualify as a "small community" un
• Curtis, Inc. v. Interstate Commerce Comm'n & United States
  669 F.2d 648· 10th Cir.· 1982-01-29 ·cited 6×
  The court affirmed the ICC's decision, holding that petitioners failed to demonstrate a material adverse effect justifying a restriction on NCI's operating authority.
• People OF the State OF Ill. v. United States & Interstate Commerce Comm'n
  668 F.2d 923· 7th Cir.· 1981-10-05 ·cited 6×
  The court held that the Interstate Commerce Commission's decision to permit abandonment of a railroad line was not erroneous as a matter of law, as the merger conditions did not legally prohibit abandonment and the ICC's factual findings were supported by substantial evidence.
• Miss. Pub. Serv. Comm'n v. Interstate Commerce Comm'n & United States
  650 F.2d 551· 5th Cir.· 1981-06-25 ·cited 6×
  The court affirmed the ICC's order allowing abandonment, finding it supported by substantial evidence and not arbitrary or capricious.
• Pre-Fab Transit Co. v. United States & Interstate Commerce Comm'n
  595 F.2d 384· 7th Cir.· 1979-03-30 ·cited 6×
  The court held that the ICC's denial of Pre-Fab's application was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion, even if it arguably departed from prior precedent.
• Ligon Specialized Hauler, Inc. v. Interstate Commerce Comm'n & United States
  587 F.2d 304· 6th Cir.· 1978-11-14 ·cited 6×
  The Court holds that it has jurisdiction to review the ICC's flagging orders because they have legal consequences and are sufficiently final. The Court also finds that the ICC's procedures must comply with the Administrative Procedure Act.
• Pub. Serv. Comm'n FOR the State OF NEW York v. Fed. Power Comm'n
  543 F.2d 874· D.C. Cir.· 1976-01-27 ·cited 6×
  The Federal Power Commission may permit application of previously established 'new' gas rates to flowing natural gas sold under a new contract that replaces an expired contract.
• The Sentinel Star Express Co. v. The Fla. Pub. Serv. Comm'n
  322 So. 2d 503· Fla.· 1975-09-24 ·cited 6×
  The court held that the Public Service Commission's decision to grant a certificate of public convenience and necessity was supported by substantial and competent facts and that Sentinel was not entitled to a second oral argument on reconsideration.
• Fargo VAN & Storage, Inc. v. Bevis
  314 So. 2d 129· Fla.· 1975-04-23 ·cited 6×
  The Florida Supreme Court reviewed a Public Service Commission order granting a motor carrier authority to transport household goods in Dade and Broward Counties, finding that the Commission's decision was not supported by competent substantial evidence of inadequate existing ser
• Smith Terminal Warehouse Co. v. Bevis
  312 So. 2d 721· Fla.· 1975-02-19 ·cited 6×
  Smith Terminal Warehouse Company sought a writ of certiorari to challenge the Florida Public Service Commission's denial of its application for a permanent for-hire permit to transport goods to Broward and Palm Beach Counties. The Florida Supreme Court upheld the Commission's dec
• Cities OF Fulton v. Fed. Power Comm'n
  512 F.2d 947· D.C. Cir.· 1975-01-30 ·cited 6×
  The court held that while the FPC's order approving a certificate for Pan Eastern was generally within its discretion, the agency failed to adequately justify its rejection of a full refund provision for excess revenues.
• Tamiami Trail Tours, Inc. v. Bevis
  299 So. 2d 22· Fla.· 1974-07-24 ·cited 6×
  Tamiami Trail Tours and Greyhound Lines sought review of Florida Public Service Commission orders granting Cities Transit, Inc. a certificate to operate regular passenger routes and charter service. The Florida Supreme Court found the Commission's orders unsupported by competent,
• Camp Lumber Co., Inc. v. Jess Yarborough
  262 So. 2d 649· Fla.· 1972-05-03 ·cited 6×
  Camp Lumber Company petitioned for a writ of certiorari to review the Public Service Commission's order granting it limited common carrier authority. The PSC granted the company authority to transport road building and construction aggregates in only four Florida counties (Alachu
• Allen Bonded Warehouse, Inc. v. Mayo
  247 So. 2d 51· Fla.· 1971-04-21 ·cited 6×
  Allen Bonded Warehouse petitioned to review the Florida Public Service Commission's order granting permanent authority to J-W Moving & Storage, Inc. to carry household goods in Pasco and Pinellas counties. The Florida Supreme Court upheld the Commission's decision, finding it sup
• Nat'l Cap. Airlines, Inc. v. Civil Aeronautics Bd.
  419 F.2d 668· D.C. Cir.· 1969-09-12 ·cited 6×
  The court affirmed the Civil Aeronautics Board's order, finding that the Board did not abuse its discretion, commit procedural errors, or violate antitrust laws in awarding a certificate for helicopter service to Washington Airways and approving its joint ownership by multiple ai
• Turf Express, Inc. v. Mason
  204 So. 2d 730· Fla.· 1967-04-05 ·cited 6×
  This case involves an appeal from a summary judgment granted to a brokerage firm against a customer concerning a mistakenly paid stock dividend.
• Cent. Ill. Pub. Serv. Co. v. Fed. Power Comm'n
  338 F.2d 682· 7th Cir.· 1964-11-03 ·cited 6×
  The court held that the Federal Power Commission's order requiring pipeline companies to provide natural gas service to municipalities was valid, and that the Commission's application of the Natural Gas Act standards was sufficient.
• Hunt OIL Co. v. Fed. Power Comm'n
  334 F.2d 474· 5th Cir.· 1964-05-28 ·cited 6×
  The court held that the Federal Power Commission acted properly in vacating permanent certificates and issuing temporary authorizations with refund and no-increase-in-price conditions, and that these actions were required or permitted by prior court rulings and statutory authorit
• Alexandria v. Wash. Metro. Area Transit Comm'n
  323 F.2d 777· 4th Cir.· 1963-09-23 ·cited 6×
  The court held that the Transit Commission did not abuse its discretion in granting a certificate of public convenience and necessity for charter bus service to an applicant offering lower rates, as the existing carriers' high rates effectively priced out charitable and public gr
• The Cent. W. Util. Co. v. Fed. Power Comm'n
  247 F.2d 306· 3d Cir.· 1957-08-06 ·cited 6×
  The court held that an applicant violating the Act, specifically Section 4(b) by unlawful discrimination, cannot be granted a certificate of public convenience and necessity under Section 7(e).
• C. v. Roberts
  76 So. 2d 789· Fla.· 1954-12-03 ·cited 6×
  The Florida Supreme Court granted certiorari to review the Florida Railroad and Public Utilities Commission's denial of an application for a certificate to operate a limousine service from North Pinellas County to Tampa International Airport. The Court found that the Commission e
• Cent. Truck Lines, Inc. v. R.R. Comm'n & Strickland Transp. Co.
  109 Fla. 395· Fla.· 1933-04-13 ·cited 6×
  The Florida Supreme Court upheld the Railroad Commission's order requiring Strickland Transportation Company to change its freight motor truck time schedule between Tampa and Daytona Beach. The court held that modifying an existing schedule to improve service is not the granting
• NEW Mexico Navajo Ranchers Ass'n v. Interstate Commerce Comm'n & the United States
  702 F.2d 227· D.C. Cir.· 1983-03-01 ·cited 5×
  The ICC erred by failing to require detailed financial projections for the rail line's operation and by improperly deferring consideration of Navajo allegations of misconduct in obtaining rights-of-way.
• Delcher Bros. Storage Co., Inc. v. Carter
  132 So. 2d 593· Fla.· 1961-07-28 ·cited 5×
  The Florida Supreme Court upheld the Railroad and Public Utilities Commission's authority to limit motor carriers' equipment domiciling points to their principal places of business. The Court held that this action did not impair any pre-existing certificated rights and was a legi
• Seaboard Air Line Ry. Co. v. Maige
  109 Fla. 229· Fla.· 1933-03-23 ·cited 5×
  Seaboard Air Line Railway sued for the value of a bull killed by its train, and the jury found the railroad liable for failing to maintain a sufficient fence at the station site as required by statute. The Florida Supreme Court affirmed, holding that while railroads may be excuse
• La. Ass'n of Indep. Producers & Royalty Owners v. Fed. Energy Regulatory Comm'n
  958 F.2d 1101· D.C. Cir.· 1992-03-10 ·cited 4×
  The court held that the Federal Energy Regulatory Commission's certification of the Iroquois/Tennessee pipeline project was not procedurally unfair and was supported by substantial evidence.
• Simmons v. Interstate Commerce Comm'n & United States
  934 F.2d 363· D.C. Cir.· 1991-05-31 ·cited 4×
  The court should have granted the petition for review and remanded the case to the Commission to determine if the transaction was a disguised line sale.