Directional authority See RETURN- HAUL AUTHORITY, INTERPRE- TATION
Equipment See EQUIPMENT AU- THORITY, INTERPRETATION Errors of carriers, in See ERRORS OF CARRIERS
Estoppel See ESTOPPEL
Express See EXPRESS AUTHOR-
ITY, INTERPRETATION
General rules See GENERAL RULES IN INTERPRETING AUTHORI- TIES
Heavy hauling See COMMODITIES AUTHORITY, INTERPRETATION; EQUIPMENT AUTHORITY, IN- TERPRETATION
Petitions, to determine See PETI- TIONS
Points served See POINTS-SERVED
AUTHORITY, INTERPRETATION Return haul authority See RETURN- HAUL AUTHORITY, INTERPRE- TATION
General commodity authority, included in 91
BALANCE SHEETS
Inclusion of item of particular ac- counts, propriety See names of par- ticular accounts
BEST EVIDENCE RULE
Inadequacy of existing service in appli- cation proceeding, unrebutted testi- mony where no documents available See UNREBUTTED TESTIMONY Inadequacy of existing service in appli- cation proceeding, value of unre- butted testimony unsupported by un- derlying documents See UNRE- BUTTED TESTIMONY
Station agents' reports, as See STA-
TION AGENTS' REPORTS
Station agents' reports as, when pro- duction of underlying freight bills would place undue burden on offeror 540
BILLS OF LADING
Restrictions based on See SERVICE RESTRICTIONS IN CERTIFI- CATES PC&N
BIRD TRUCKING CO.-MODIFICA- TION OF CERTIFICATES
BLACK ▾ INTERSTATE COMMERCE
BUNDLING OF COMMODITIES See also CONTAINERS
Authority to carry, effect on See COM- MODITIES AUTHORITY, INTER-
PRETATION; EQUIPMENT AU- THORITY, INTERPRETATION Inherent nature test, relation See IN- HERENT NATURE TEST
BURDEN OF PROOF
Alternate routes, not on applicants to prove:
Volume of traffic equal to or greater than that of existing carriers 370, 453
Alternate routes on applicant to prove: Criteria met 247, 623
Need for service, if institution of new service results 370 Certificates, on applicants to prove: Existing service inadequate 21 Need for service 15, 430
Operational fitness 222, 735 Commodity authority, on applicants to prove:
Composition, manufacture and use 514
Conversion of authorities under § 212 (c), on applicants to prove: Scope of past operations, (discussed in dissent) 579
Extension of certificates, not on ap- plicants to prove:
Inadequacy of existing service of
carriers indicating no interest in proposed service 780 Extensions of certificates, on appli- cants (passenger carriers) to prove: Existing service inadequate 474 Need for distinct service to be re- lieved of need to prove inadequacy of existing service 743 Need for service
Extensions of certificates, on appli- cants to prove:
Existence of facilities whereby serv-
ice could be utilized 262 Existing service inadequate 44, 154, 158, 184, 643
Need for service 44, 121, 477, 632, 643
Operational fitness 419
Extensions of permits, on applicants to
Need for service 477, 775 Interchange, on applicant to prove: Other carriers' ability and willing- ness to interchange 23
Accounting See ACCOUNTS & AC- COUNTING
Adequate service, need for See CAR- RIERS' NEED FOR INCREASED EFFICIENCY OF SUBSTITUTED MOTOR-FOR-RAIL SERVICE;
CARRIERS' (OTHER) NEED FOR ADEQUATE SERVICE
Agreements between See AGREE- MENTS BETWEEN CARRIERS Armored See ARMORED-CAR CAR- RIERS
Associations of See ASSOCIATIONS Charges See CHARGES
Common See COMMON CARRIERS Contract See CONTRACT CAR- RIERS
Contracts of See CONTRACTS OF CARRIERS
Control See COMMON CONTROL, MANAGEMENT OR ARRANGE-
MENT; CONTROL
Corporate aspects, accounts, officers, etc. See CORPORATIONS Employees See EMPLOYEES OF CARRIERS
Errors See ERRORS OF CARRIERS Exempt See EXEMPTIONS
Fitness See FITNESS OF CAR- RIERS
Heavy haulers See HEAVY HAUL- ERS
See IRREGULAR- ROUTE CARRIERS
Liabilities See CARRIERS' LIABIL- ITIES
Motor operations of rail carriers See MOTOR OPERATIONS OF RAIL CARRIERS
Motor subsidiaries of rail See MO- TOR SUBSIDIARIES OF RAIL CARRIERS
Officers See EMPLOYEES OF CAR- RIERS
Operating rights See OPERATING RIGHTS
Presumptions See PRESUMPTIONS Private See PRIVATE CARRIERS Rail See RAIL CARRIERS Rail affiliates See MOTOR SUBSID- IARIES OF RAIL CARRIERS
Regular-route See REGULAR- ROUTE CARRIERS
Revenue, need for See CARRIERS' NEED FOR REVENUE
Rights See CARRIERS' RIGHTS Services and privileges See SERV- ICES & PRIVILEGES
Shippers' right to service See SHIP- PERS' RIGHTS Status See COMMON CARRIERS, CHARACTERISTICS & DUTIES; CONTRACT CARRIERS, CHARAC- TERISTICS & DUTIES; PRIVATE CARRIERS, CHARACTERISTICS Status, determination regarding See STATUS
Stock ownership See CONTROL BY STOCK OWNERSHIP
CARRIERS' LIABILITIES
CARRIERS' RIGHTS Accounting See CURRENT LIABILI-
For-hire status, as test See COMMON CARRIERS, CHARACTERISTICS & DUTIES; CONTRACT CAR- RIERS, CHARACTERISTICS & DUTIES; PRIVATE CARRIERS,
CHARACTERISTICS
CARRIERS' NEED FOR ECONOMI- CAL ROUTES
Operating economies
Alternate route, as justification 370, 450
Conversion from irregular to regu- lar-route authority, as justification 549
Elimination of gateway, as justifi- cation 800
CARRIERS' NEED FOR INCREASED EFFICIENCY OF SUBSTITUTED MOTOR-FOR-RAIL SERVICE Efficiency and economy 90, 378 Key-point restrictions, removal to per- mit more efficient use of rail and motor equipment 64, 124
CARRIERS' NEED FOR REVENUE Existing carriers' rights See CAR- RIERS' RIGHTS
Follow-the-traffic doctrine, relation
CARRIERS' OTHER NEED FOR ADE-
QUATE SERVICE Certificates, extensions Points served
Removal of key-point limitation to
provide more efficient and eco- nomical motor-for-rail service 124, 543
Removal of key-point limitations to provide more expeditious motor- for-rail service 65
Interchange, for, with noncompeti- tive connecting carrier 495 Efficient and economical substi- tuted motor-for-rail service 378 CARRIERS' RIGHTS See also CAR- RIERS' LIABILITIES
Adequate service, existing carriers' right to provide See COMPETI- TIVE SITUATION Adequate service, existing carriers'
right to provide after voluntary ces- sation of service 280 Amendment (1957) of §§ 203 (a) (15) and 209(b), effect on common car riers' right to provide service 40, 170, 426, 459, 466, 535, 558, 768 Amendment (1957) of §§ 203 (a) (15)
and 209 (b), effect on contract car- riers' right to provide service 40, 170, 426, 459, 466, 535, 558, 768 Common carriers, to perform special- ized service 466
Common carriers, to protection from contract carriers 40, 170, 426, 468, 535, 558, 682, 768
Common carriers, to provide service by means of interchange 574 Competitive position, to protection
See COMPETITIVE SITUATION Continuation of inefficient method of
operation by competitive carrier, no vested right in 66
Continuation of inefficient method of operation, no vested right in 543 Contract carriers, grants of authority to, when existing common and con- tract carriers in field 426 Contract carriers, grants of authority to, when existing common carriers in field 40, 170, 459, 466, 535, 558, 682 768
Due process See DUE PROCESS General-commodity carriers, to trans- port bundles aggregated for economy or efficiency 518 General-commodity carriers, to trans- port commodities requiring special equipment for loading and unload- ing, when loading and unloading equipment supplied by consignor or consignee 768
General-commodity carriers, to trans-
port commodities which are required by their inherent nature to be bun- dled or aggregated 518
Heavy haulers, right to transport ag- gregated, bundled or palletized ship- ments 518
Heavy haulers, right to use ordinary vehicular equipment 6
Heavy haulers, to transport commodi- ties requiring special equipment for loading and unloading, when loading and unloading equipment supplied by consignor or consignee 768 Notice, to See DUE PROCESS Premature application denied does not
give rights superior to another ap- plicant who filed before applicant re- news application 469
Protection from loss of revenue which
they cannot afford, existing carriers' rights 195, 412, 666, 744, 750
Protestants, as See PROTESTANTS Tacking See TACKING
Permits, application for by holder of certificate See DUAL OPERATING RIGHTS, APPLICATIONS FOR Restrictions, imposition See RE- STRICTIONS IN CERTIFICATES PC&N
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