Tom C. Clark

“ The validity of this restriction is the sole challenge raised in this proceeding.
The Commission contends that § 212 (c) , read in the light of its background, is a 'grandfather clause.' Its purpose, therefore, is merely to continue, without expanding, the authority of those contract carriers whose operations are lawful under United States v. Contract Steel Carriers, Inc., 350 U.S. 409, 76 S.Ct. 461, 100 L.Ed. 482 (1956) , by revoking their contract carrier permits and issuing in lieu thereof common carrier certificates. ”

“ Appellee insists that this restriction limits its carriage in that appellee cannot deliver from a supplier to a consumer, to or from a public warehouse or ship dock, between warehouses, to consolidation or transfer points or to a laborer or modification agent. The record does not show whether appellee exercised these claimed privileges under its contract carrier permit. ”

“ Prior to 1957 appellee operated under a contract carrier permit originally issued in 1943 under the 'grandfather' clause contained in § 209 (a) of the Motor Carrier Act, 1935, 49 Stat. 543, 552. [2] It permitted carriage of: (1) such commodities as are usually dealt in by wholesale or retail hardware and automobile-accessory business houses, and in connection therewith, equipment, materials and supplies used in the conduct of such business; (2) such commodities as are usually dealt in, or used, by meat, fruit, and vegetable packing houses ”