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O'MALLEY v. UNITED STATES

Civ. A. No. 209.

38 F.Supp. 1 (1941)

O'MALLEY v. UNITED STATES et al.

District Court, D. Minnesota, Third Division.

April 17, 1941.

Attorney(s) appearing for the Case

Richard J. Leonard and Doherty, Rumble, Butler, Sullivan & Mitchell, all of St. Paul, Minn., for plaintiff.

Frank Coleman, Sp. Asst. to Atty. Gen., John W. Graff, Asst. U. S. Atty., of St. Paul, Minn., and Daniel H. Kunkel, Atty., Interstate Commerce Commission, of Washington, D. C. (Thurman Arnold, Asst. Atty. Gen., and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D.C., of counsel), for defendants.

Before SANBORN, Circuit Judge and BELL, and SULLIVAN, District Judges.

PER CURIAM.

The plaintiff in his complaint alleges that he is, and was prior to June 1, 1935, a carrier by motor vehicle transporting goods in interstate commerce for the general public and for specific contract shippers; that he is and was entitled to have issued to him, under the provisions of the Motor Carrier Act of 1935, 49 U.S.C.A. § 301 et seq., a certificate of public convenience and necessity authorizing him...

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