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JOHN J. CASALE v. UNITED STATES

Civil Action No. 337.

52 F.Supp. 1005 (1943)

JOHN J. CASALE, Inc., v. UNITED STATES et al.

District Court, D. Delaware.

December 8, 1943.

Attorney(s) appearing for the Case

Robert H. Richards, Jr. (Richards, Layton & Finger), of Wilmington, Del., and Charles E. Cotterill, of New York City, for plaintiff.

Stewart Lynch, U. S. Atty., of Wilmington, Del., and Robert L. Pierce, Sp. Asst. to Atty. Gen., for the United States.

Daniel W. Knowlton, Chief Counsel, and Nelson Thomas, both of Washington, D. C., for Interstate Commerce Commission.

Before BIGGS and GOODRICH, Circuit Judges, and LEAHY, District Judge, sitting pursuant to the Urgent Deficiencies Act of October 22, 1913, 28 U.S.C.A. § 47.

GOODRICH, Circuit Judge.

The plaintiff, John J. Casale, Inc., hereafter called Casale, invokes the aid of a three judge court under the provisions of the Urgent Deficiencies Act of October 22, 1913, 28 U.S.C.A. § 47. The facts, which have been stipulated by the parties, may be briefly summarized as follows:

In 1936 Casale applied to the Interstate Commerce Commission for a "grandfather" certificate as a contract carrier as provided in the statute, 49...

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