Public Convenience And Necessity

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

• Baltimore & Ohio R.R. Co. v. Interstate Commerce Comm'n & United States
  826 F.2d 1125· D.C. Cir.· 1987-08-25 ·cited 4×
  The court held that the Interstate Commerce Commission's interpretation of the Interstate Commerce Act, prohibiting consideration of potential shipper purchase or subsidy of a railroad line in an abandonment proceeding, was unreasonable.
• C.O.D.E., Inc. v. Interstate Commerce Comm'n & United States
  768 F.2d 1210· 10th Cir.· 1985-07-29 ·cited 4×
  The court held that the appeal was timely filed and that the Interstate Commerce Commission's decision granting SRTC operating authority was supported by substantial evidence and not arbitrary or capricious.
• Port Norris Express Co., Inc. v. Interstate Commerce Comm'n & United States
  751 F.2d 1280· D.C. Cir.· 1985-01-18 ·cited 4×
  The court held that the Interstate Commerce Commission (ICC) cannot infer fitness and willingness to transport bulk commodities based solely on an applicant's general authority and statements of intent.
• Glazer Steel Corp. v. Interstate Commerce Comm'n & the United States
  748 F.2d 1006· 5th Cir.· 1984-12-17 ·cited 4×
  The court held that the ICC's decision to grant abandonment was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• RTC Transp., Inc. v. Interstate Commerce Comm'n & United States
  731 F.2d 1502· 11th Cir.· 1984-05-10 ·cited 4×
  The court affirmed the ICC's order granting U.S. Express a certificate of public convenience and necessity, finding substantial evidence supported the ICC's findings.
• Provost Cartage Inc. v. Interstate Commerce Comm'n & United States
  686 F.2d 221· 5th Cir.· 1982-07-27 ·cited 4×
  The court held that the Interstate Commerce Commission's grant of operating authority to Norcros Industries Ltd. was supported by substantial evidence and served a public purpose.
• Wheaton van Lines, Inc. v. Interstate Commerce Comm'n & The United States
  671 F.2d 520· D.C. Cir.· 1982-01-15 ·cited 4×
  The court held that the Interstate Commerce Commission failed to provide a reasoned explanation for its orders granting Barrieau Express, Inc. authority to purchase dormant operating rights and eliminate a gateway, vacating the orders and remanding for further proceedings.
• Hunt Transp., Inc. v. Interstate Commerce Comm'n & United States
  636 F.2d 190· 8th Cir.· 1980-11-07 ·cited 4×
  The court held that the Interstate Commerce Commission's order granting motor common carrier authority was supported by substantial evidence and rational judgment, and therefore would be enforced.
• Brink's, Inc. v. United States & Interstate Commerce Comm'n
  613 F.2d 1079· D.C. Cir.· 1979-12-12 ·cited 4×
  The Commission did not abuse its discretion in granting temporary contract carrier authority based on a shipper's competitive and economic needs, even if those needs were not purely physical.
• People OF the State OF Ill. v. Interstate Commerce Comm'n & United States
  615 F.2d 743· 7th Cir.· 1979-11-26 ·cited 4×
  The court held that the ICC properly authorized the abandonment of a railroad segment, finding no procedural errors in the amendment process or notice provided to protestants.
• Hawaiian Tel. Co. v. Fed. Commc'ns Comm'n
  589 F.2d 647· D.C. Cir.· 1978-11-13 ·cited 4×
  The court held that the FCC's authorization of satellite earth stations was proper, as it balanced the policy of multiple entry with the goal of Hawaiian rate integration and adequately considered the public convenience and necessity.
• Willis Shaw Frozen Express, Inc. v. Interstate Commerce Comm'n & United States
  587 F.2d 1333· D.C. Cir.· 1978-11-02 ·cited 4×
  The court held that the Interstate Commerce Commission provided a rational basis supported by substantial evidence for partially denying Shaw's application for common carrier authority and properly refused to take official notice of Shaw's temporary authority.
• Hudson Transit Lines, Inc. v. United States
  562 F.2d 174· 2d Cir.· 1977-09-15 ·cited 4×
  The Court held that the Review Board erred in converting the applicant's contract carrier authority to common carrier authority based on an overly strict interpretation of 'limited number of persons'.
• Nat'l Tank Truck Carriers, Inc. v. Interstate Commerce Comm'n & United States
  559 F.2d 845· D.C. Cir.· 1977-07-12 ·cited 4×
  The court held that the Interstate Commerce Commission's order authorizing special certificates for motor carriers to transport waste products for recycling was supported by a rational basis and corrected prior procedural infirmities.
• Regular Common Carrier Conf. of Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  559 F.2d 798· D.C. Cir.· 1977-06-02 ·cited 4×
  The court affirmed the ICC's decision to grant certificates of public convenience and necessity, finding substantial evidence supported the need for the proposed service.
• State OF La. v. Fed. Power Comm'n
  533 F.2d 1239· D.C. Cir.· 1976-04-05 ·cited 4×
  The court held that the Federal Power Commission reasonably exercised its discretion in granting a certificate of public convenience and necessity for United Gas Pipeline's New Orleans Division, considering the public interest and existing gas supply realities.
• Am. Sightseeing Tours, Inc. v. Bevis
  326 So. 2d 437· Fla.· 1976-01-08 ·cited 4×
  The Florida Supreme Court reviewed a Public Service Commission decision granting Executive Bus Service a certificate of public convenience and necessity to operate bilingual minibus service between Miami and Palm Beach. The Court found the PSC's decision was supported by insuffic
• Greyhound Lines, Inc. v. Bevis
  294 So. 2d 65· Fla.· 1974-03-27 ·cited 4×
  The Florida Supreme Court reviewed two petitions challenging a Public Service Commission order granting A-1 Bus Lines authority to provide sightseeing service to Disney World. The Court upheld the grant as to Greyhound Lines but reversed and remanded as to American Sightseeing To
• Carroll P. Reed v. Meserve
  487 F.2d 646· 1st Cir.· 1973-11-15 ·cited 4×
  The court held that the ICC had the statutory authority to impose a condition requiring the trustee to offer the rail line to responsible persons for continued operation, and the district court properly enforced this condition by ordering the sale to the plaintiff.
• The Mun. Distribs. Grp. v. Fed. Power Comm'n
  467 F.2d 741· D.C. Cir.· 1972-07-27 ·cited 4×
  The court affirmed the Federal Power Commission's orders denying the Municipal Distributors Group's (MDG) applications for natural gas pipeline construction, finding the Commission's decisions were based on substantial evidence and its reasoning discernible.
• Redwing Carriers, Inc. v. Mayo
  255 So. 2d 516· Fla.· 1971-12-08 ·cited 4×
  This case reviews a Florida Public Service Commission order granting a certificate to McKenzie Tank Lines to expand its services. The appellate court denied the petition for certiorari, finding the Commission's decision was supported by substantial evidence and did not depart fro
• World Airways, Inc. v. Civil Aeronautics Bd.
  447 F.2d 377· D.C. Cir.· 1971-08-05 ·cited 4×
  The court affirmed the Civil Aeronautics Board's order granting Pan Am an exemption from certain regulations, finding the Board acted reasonably.
• D. C. Transit Sys., Inc. v. Wash. Metro. Area Transit Comm'n
  376 F.2d 765· D.C. Cir.· 1967-03-07 ·cited 4×
  The court held that the Transit Commission improperly ordered route extensions without adhering to statutory requirements concerning existing service adequacy and opportunity to remedy deficiencies.
• City OF Pontiac v. Civil Aeronautics Bd.
  361 F.2d 810· 6th Cir.· 1966-06-17 ·cited 4×
  The court held that the Civil Aeronautics Board's findings of fact were supported by substantial evidence, and its decision to delete air service to Cadillac-Reed City and Pontiac was within its administrative discretion.
• Morgan Drive Away, Inc. v. Mason
  183 So. 2d 202· Fla.· 1966-01-26 ·cited 4×
  The Florida Supreme Court upheld the Florida Public Service Commission's grant of a certificate to Marrone for transporting mobile homes in eight counties, rejecting petitioners' challenges that the commission lacked jurisdiction to hear the second application and that the grant
• Midstate Hauling Co., Inc. v. Mason
  177 So. 2d 206· Fla.· 1965-07-07 ·cited 4×
  Certificated common carriers sought a writ of mandamus challenging the Florida Public Utilities Commission's authority to issue limited common carrier certificates to "For Hire" permittees and previously unauthorized carriers under grandfather clause provisions of the 1963 aggreg
• Minneapolis GAS Co. v. Fed. Power Comm'n
  278 F.2d 870· D.C. Cir.· 1960-05-13 ·cited 4×
  The court held that the Federal Power Commission's orders authorizing pipeline expansion were supported by the record and did not strike an arbitrary balance of interests.
• N. Cent. Airlines, Inc. v. Civil Aeronautics Bd.
  281 F.2d 18· D.C. Cir.· 1960-05-12 ·cited 4×
  The court held that the Civil Aeronautics Board (CAB) had the authority to amend an airline's certificate to include new cities, and that the airline had expressed sufficient willingness to serve those cities.
• Application of Rockana Carriers, Inc.
  10 Fla. Supp. 56· Fla. Railroad & P. U. C.· 1957-01-18 ·cited 4×
  Rockana Carriers, Inc. applied for a certificate of public convenience and necessity to operate as a motor common carrier transporting fertilizer and related bulk commodities throughout Florida. The Florida Railroad & Public Utilities Commission granted the application in part, i
• N. Am. Airlines, Inc. v. Civil Aeronautics Bd.
  237 F.2d 209· D.C. Cir.· 1956-09-13 ·cited 4×
  The court held that the Board's order denying applications for air service certificates was supported by the record and that additional comments by the Board did not affect the validity of the order.
• Cont'l S. Lines, Inc. v. Civil Aeronautics Bd.
  197 F.2d 397· D.C. Cir.· 1952-04-17 ·cited 4×
• State of Fla. ex rel. v. S. Ga. Ry. Co.
  80 Fla. 369· Fla.· 1920-08-02 ·cited 4×
  The Florida Supreme Court denied a mandamus petition by the Railroad Commissioners seeking to compel the South Georgia Railway Company to reinstate and operate passenger trains Nos. 3 and 4 between Perry and Lovett, Florida. The court held that the circumstances—including sparse
• Tarzia v. Am. Sec. Ins.
  241 F. Supp. 974· M.D. Fla.· 2012-07-17 ·cited 3×
• N. Cent. Truck Lines, Inc. v. The Interstate Commerce Comm'n & United States
  D.D.C.· 1977-06-06 ·cited 3×
  The court held that the Interstate Commerce Commission properly rejected a proposed tariff because its provisions were substantively defective and violated Commission regulations, rendering the tariff a nullity.
• Ill. Commerce Comm'n v. Interstate Commerce Comm'n & United States
  879 F.2d 917· D.C. Cir.· 1989-07-18 ·cited 2×
  The court held that the Interstate Commerce Act, specifically the exception for intrastate spur tracks, preserves state authority to regulate their abandonment, and the Staggers Rail Act does not preempt this state power.
• Rural Elec. Co. v. Cheyenne Light
  762 F.2d 847· 10th Cir.· 1985-05-20 ·cited 2×
  The court held that the defendants' actions were immune from antitrust liability under the state action doctrine, as the relevant state statutes and constitutional provisions contemplated the type of anticompetitive conduct at issue.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Energy Regulatory Comm'n
  757 F.2d 1328· D.C. Cir.· 1985-03-29 ·cited 2×
  The court dismissed the petition for review because the issues raised by the petitioner had been resolved by subsequent actions of the Federal Energy Regulatory Commission and modifications to the petitioner's own requests.
• Prairie Cent. Ry. Co. v. Interstate Commerce Comm'n & United States
  728 F.2d 907· 7th Cir.· 1984-02-23 ·cited 2×
  Under the prior statutory scheme, the Interstate Commerce Commission's jurisdiction did not vest until a petitioner filed an application to purchase, not merely a notice of intent. Therefore, the railroad owner could amend its system diagram map to change a line's designation bef
• City OF Cherokee v. Interstate Commerce Comm'n & United States
  727 F.2d 748· 8th Cir.· 1984-02-10 ·cited 2×
  The court held that the Interstate Commerce Commission properly considered all relevant factors and applied correct legal standards in granting the railroad's application to abandon a branch rail line.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  714 F.2d 1300· 5th Cir.· 1983-09-19 ·cited 2×
  The court held that the ICC's interpretation of the Motor Carrier Act's burden of proof was correct, and that applicants must demonstrate by substantial evidence that their proposed service will serve a useful public purpose, responsive to a public demand or need.
• Gibbons v. United States & Interstate Commerce Comm'n
  660 F.2d 1227· 7th Cir.· 1981-10-07 ·cited 2×
  The court held that the ICC's directed service orders over a cashless railroad did not constitute a Fifth Amendment taking requiring compensation, as the railroad's common carrier obligation was not terminated by its financial condition alone. Benefits conferred by directed servi
• Intertrack Transp., Inc. v. B & G Horse Transp., Inc.
  403 So. 2d 1058· Fla. 3d DCA· 1981-09-08 ·cited 2×
  Intertrack Transportation and its parent companies appealed from a judgment denying them damages on an injunction bond for a temporary injunction that restrained them from transporting horses without proper certification. The court reversed, finding the temporary injunction was w
• Melton Truck Lines, Inc. v. Interstate Commerce Comm'n & United States
  635 F.2d 891· D.C. Cir.· 1980-11-24 ·cited 2×
  The court affirmed the Interstate Commerce Commission's grant of motor carrier authority, finding substantial evidence supported the findings of inadequate existing service and operational feasibility.
• Truck Transp. Inc. v. Interstate Commerce Comm'n & the United States
  631 F.2d 1023· D.C. Cir.· 1980-09-04 ·cited 2×
  The court held that the Interstate Commerce Commission properly granted permanent authority to Younger Brothers, Inc. based on substantial evidence and a rational basis, considering both shipper needs and Younger's performance under temporary authority.
• Montana-Dakota Utils. Co. v. Fed. Energy Regulatory Comm'n
  631 F.2d 557· 8th Cir.· 1980-08-21 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's decision denying MDU's request to spread increased purchased gas costs to all jurisdictional customers was contrary to law and unsupported by substantial evidence.
• Mo. Pac. R.R. Co. v. United States & Interstate Commerce Comm'n
  625 F.2d 184· 8th Cir.· 1980-06-17 ·cited 2×
  The court denied petitions for rehearing and suggestions for rehearing en banc.
• SOO Line R.R. Co. v. The United States & the Interstate Commerce Comm'n
  625 F.2d 183· 8th Cir.· 1980-03-17 ·cited 2×
  The court held that the Interstate Commerce Commission (ICC) must consider opportunity costs when evaluating railroad abandonment applications.
• Commercial Truck Brokers v. Mann
  379 So. 2d 956· Fla.· 1980-01-31 ·cited 2×
  The Florida Supreme Court reviewed a Public Service Commission order granting three transportation brokerage licenses to Joseph Land & Company, Inc. The Court held that the statutory standard for brokerage licenses ("consistent with public convenience and necessity") is less stri
• Gulf Coast Motor Line, Inc. v. Hawkins
  376 So. 2d 391· Fla.· 1979-09-27 ·cited 2×
  The court held that the Public Service Commission's order granting special operations authority was proper, as it complied with statutory requirements and was supported by competent, substantial evidence.
• Algonquin LNG, Inc. v. Fed. Energy Regulatory Comm'n
  570 F.2d 1043· D.C. Cir.· 1978-01-26 ·cited 2×
  The court held that the Commission's order imposing a refund based on a rate not supported by substantial evidence and determined through an unfair procedure must be vacated.