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Brink's, Inc. v. Illinois Commerce Com.

OPINION FILED AUGUST 3, 1982.

BRINK'S, INCORPORATED, PLAINTIFF-APPELLEE,

v.

ILLINOIS COMMERCE COMMISSION, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Sangamon County; the Hon. Richard J. Cadagin, Judge, presiding.

JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Rehearing denied September 7, 1982.

Does this motor carrier certificate authorize the carrying of armored car commodities?

The ICC said yes.

The circuit court said no.

We agree with the court — the certificate is not that broad.

We affirm.

The Illinois Commerce Commission appeals from the judgment of the circuit court reversing the Commission's order authorizing Douglas Transit, Inc. (Douglas), to carry armored car commodities.

In 1951, the Division of Motor Carriers of the Department of Public Works and Buildings — acting pursuant to the provisions of the Illinois Truck Act (Ill. Rev. Stat. 1941, ch. 95 1/2, par. 240 et seq.) — issued two certificates of public convenience and necessity to Douglas' predecessor in interest, Robert Armstrong. One certificate authorized Armstrong as a local carrier and the other authorized Armstrong as a specialized carrier. The certificates limited service to the following commodities and territories:

Local

"[L]ivestock, farm products, feed, coal, merchandise, furniture and commodities general within a 50 mile radius of the post office of Newman, Illinois and to transport such property to or from any point outside of such authorized area of operation for a shipper or shippers within such area."

Specialized

"[L]ivestock, farm products, feed, coal, merchandise, furniture and commodities general to or from any point or points within the State of Illinois."

Thereafter, the Illinois Motor Carrier of Property Act (Ill. Rev. Stat. 1953, ch. 95 1/2, par. 282 et seq.) superseded the Illinois Truck Act. In 1955, the Illinois Commerce Commission issued Armstrong a new certificate of public convenience and necessity. This certificate was obtained pursuant to section 9 of the Illinois Motor Carrier of Property Act (Ill. Rev. Stat. 1953, ch. 95 1/2, par. 282.9). Section 9 was the "grandfather clause" which provided that an applicant holding a certificate under the Illinois Truck Act would be granted a new certificate authorizing the applicant to perform the services authorized and actually performed pursuant to ...


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