{
  "id": 2675736,
  "name": "Friederich Truck Service, Inc., Plaintiff-Appellee, v. Illinois Commerce Commission, Defendant-Appellant",
  "name_abbreviation": "Friederich Truck Service, Inc. v. Illinois Commerce Commission",
  "decision_date": "1972-09-11",
  "docket_number": "No. 71-301",
  "first_page": "468",
  "last_page": "469",
  "citations": [
    {
      "type": "official",
      "cite": "7 Ill. App. 3d 468"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 193,
    "char_count": 2209,
    "ocr_confidence": 0.736,
    "sha256": "fc3f4972216069e16337c32294a9b0df5ed31b91a162575dac85b9beffaa12c6",
    "simhash": "1:05a80fa71aed4cfc",
    "word_count": 346
  },
  "last_updated": "2023-07-14T16:18:17.074050+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Friederich Truck Service, Inc., Plaintiff-Appellee, v. Illinois Commerce Commission, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE GEORGE J. MORAN\ndelivered the opinion of the court:\nThe Illinois Commerce Commission appeals from an order of the trial court of St. Clair County reversing its revocation of a carrier\u2019s certificate of public convenience and necessity and directing its reinstatement. The violation charged and proven was failure to file an annual report as required by the Commission\u2019s published requirements. The Commission\u2019s findings of fact were that the carrier had failed to file an annual report for 1968 and after its Certificate of Public Convenience and Necessity was revoked therefor, operated illegally from January, 1969 to November, 1969. The carrier admitted the former but denied the latter on the grounds that it had no actual notice of such revocation.\nAlthough a violation was proven, the Commission\u2019s description thereof as one \u201cin complete defiance of the Commission\u201d was not supported by evidence and contrary to the fact conceded by appellant that the carrier had offered to correct his violation by filing the required annual report.\nThe Act empowers the Commission to select and apply one or more of a number of remedial actions in cases of failure to comply with the law or orders, rules or regulations promulgated thereunder. (Ill. Rev. Stat. eh. 95%, pars. 18 \u2014 308, 18 \u2014 801.) Hence, it is apparent that there are alternatives to revocation in cases such as this one.\nThe action taken, analogous almost to capital punishment in its severity as a business regulation, was overly drastic in view of the nature of the offense involved.\nThe trial court\u2019s reversal of the revocation is affirmed and the matter is remanded to the Illinois Commerce Commission for action consistent with this opinion.\nAffirmed in part and remanded with directions.\nEBERSPACHER and CREBS, JJ\u201e concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE GEORGE J. MORAN"
      }
    ],
    "attorneys": [
      "William J. Scott, Attorney General, of Chicago, (Peter A. Fasseas, Assistant Attorney General, and Frank R. Martin, Senior Law Student, of counsel,) for appellant.",
      "Delmar O. Koebel, of Lebanon, and William D. Stiehl, of Belleville, for appellee."
    ],
    "corrections": "",
    "head_matter": "Friederich Truck Service, Inc., Plaintiff-Appellee, v. Illinois Commerce Commission, Defendant-Appellant.\n(No. 71-301;\nFifth District\nSeptember 11, 1972.\nWilliam J. Scott, Attorney General, of Chicago, (Peter A. Fasseas, Assistant Attorney General, and Frank R. Martin, Senior Law Student, of counsel,) for appellant.\nDelmar O. Koebel, of Lebanon, and William D. Stiehl, of Belleville, for appellee."
  },
  "file_name": "0468-01",
  "first_page_order": 490,
  "last_page_order": 491
}