UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK
October 16, 1944
ADIRONDACK TRANSIT LINES, Inc.,
UNITED STATES et al.
Findings of Fact.
As both parties concede that the facts as stated in the Commission's opinion, supplemented by that of Division 5, are correct, we so find, and adopt them as our findings herein, and there is no occasion for this Court to repeat them.
Conclusions of Law.
1. The Commission probably lacked power to grant a certificate pursuant to 49 U.S.C.A. § 306, which authorized the use of a facility not in existence in or prior to 1935, or even at the time of the issuance of the certificate. Accordingly, if possible, the certificate should be so construed as not to authorize such use, and the certificate can be so construed.
2. Quite aside from the foregoing, the Commission's interpretation of its own order and certificate cannot be disregarded by the courts unless such interpretation is clearly erroneous or arbitrary, and the Commission's interpretation is neither.
3. The failure of the Commission to act on the application of December 23, 1937, is not the equivalent of Commission action. It is irrelevant that no such action was taken because Division 5 thought an order superfluous.
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