Kelley v. Southern Pacific Company

RESPONDENT: Southern Pacific Company
LOCATION: Superior Court of Los Angeles County, CA

DOCKET NO.: 73-1270
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 419 US 318 (1974)
ARGUED: Oct 22, 1974
DECIDED: Dec 23, 1974

John J. Corrigan - for respondent
R. Jay Engel - for petitioner

Facts of the case


Media for Kelley v. Southern Pacific Company

Audio Transcription for Oral Argument - October 22, 1974 in Kelley v. Southern Pacific Company

Audio Transcription for Opinion Announcement - December 23, 1974 in Kelley v. Southern Pacific Company

Warren E. Burger:

The judgment and opinion in 73-1005, Bowman Transportation Company against Arkansas-Best Freight System and related cases will be announced by Mr. Justice Douglas.

William O. Douglas:

These cases are here on appeal from a three-judge District Court for the Western District of Arkansas.

They involve applications and motor carriers for certificates of public convenience and necessity to transport commodities in the southeast and southwestern parts of this country.

The three-judge court refused to enforce the order of the commission.

No question is raised here by the parties concerning the substantial evidence test.

There is a question raised as -- with respect to the, whether the District Court was correct in refusing to enforce the ICC order on the grounds that it was arbitrary and capricious within the meaning of the Administrative Procedure Act.

This is a rather lengthy opinion.

We review the points passed on by the District Court and argues with the parties and we conclude that the District Court erred and accordingly we reverse and remand the cases to wit.