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UNITED STATES v. UNION PAC. R. CO.

20 F.Supp. 665 (1937)

UNITED STATES v. UNION PAC. R. CO. et al.

District Court, D. Idaho, S. D.

September 21, 1937.

Attorney(s) appearing for the Case

John A. Carver, U. S. Dist. Atty., and E. H. Casterlin and Frank Griffin, Asst. U. S. Dist. Attys., all of Boise, Idaho.

H. B. Thompson, of Pocatello, Idaho, for defendants.

CAVANAH, District Judge.

The defendants present a demurrer and motion to quash the information upon the principal grounds: (1) That the acts alleged in the information are lawful and consistent with the provisions of the last proviso of section 206(a) of the Motor Carrier Act of 1935 (49 U.S.C.A. § 306(a) and the issuance of authority by the state of Idaho, to lawfully operate as a common carrier of passengers or property...

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