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NATIONAL MOVING & W. CORP. v. INTERSTATE COMMERCE COM'N

48 F.Supp. 284 (1942)

NATIONAL MOVING & WAREHOUSE CORPORATION v. INTERSTATE COMMERCE COMMISSION et al.

District Court, S. D. New York.

December 2, 1942.

Attorney(s) appearing for the Case

Nathan E. Zelby, of New York City, for plaintiff.

Robert L. Pierce, Sp. Asst. to Atty. Gen., and J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, of Washington, D. C. (Thurman Arnold, Asst. Atty. Gen., Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., and Mathias F. Correa, U. S. Atty., of New York City, of counsel), for defendants.

Before SWAN, Circuit Judge, and COXE and CONGER, District Judges.

SWAN, Circuit Judge.

The plaintiff, National Moving & Warehouse Corporation, a New York corporation, is engaged in the common carriage of household goods by motor vehicles moving in interstate commerce. On February 10, 1936, the plaintiff applied1 to the Interstate Commerce Commission for a certificate of public convenience and necessity under the so-called "grandfather clause" of the Motor Carrier Act, 49 U.S.C.A. § 306(a). A...

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