Opinion

Noble Graham Transport, Inc. American Trucking Associations, Inc. v. Interstate Commerce Commission and United States of America

  • 766 F.2d 222
  • 1985 U.S. App. LEXIS 31440
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 25, 1985
Status
Published
Author
Celebrezze
On the bench
Celebrezze, Lively, Jones
Cited by
0 cases
Authority
More cited than 25.4%

The opinion

CELEBREZZE, Senior Circuit Judge,

dissenting.

During the pendency of this case before this Court, Rumm Associates, Inc. (Rumm) was granted a new, broader permit by the Interstate Commerce Commission. As a result, Rumm is now performing its services as a contract carrier under the new permit. I believe that the issuance of this broader permit renders the petition before this Court moot. See Steere Tank Lines, Inc. v. ICC, 667 F.2d 490 (5th Cir.1982) (ICC’s granting of broader permit rendered moot challenge to old permit).

In order to have a justiciable controversy under Article III, a court must be able to affect the legal relations of the parties before it. E.g., North Carolina v. Rice, 404 U.S. 244, 246 , 92 S.Ct. 402, 404 , 30 L.Ed.2d 413 (1971) (per curiam); Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 241 , 57 S.Ct. 461, 464 , 81 L.Ed. 617 (1937). The decision of the majority af *224 firming the position of the ICC has no impact upon any of the parties before this. Court. Petitioners Noble Graham Transport, Inc. and American Trucking Associations, Inc. are currently being injured, if at all, by Rumm’s activities under the new permit. Similarly, the ICC has no interest which will be vindicated by affirming the original permit. Therefore, since neither of the parties will be affected by the majority’s decision, I believe that this ease is moot.

Accordingly, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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