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BUSH TRANSFER v. UNITED STATES

Civil Action No. 55.

53 F.Supp. 640 (1944)

BUSH TRANSFER, Inc., v. UNITED STATES et al.

District Court, W. D. North Carolina.

January 18, 1944.

Attorney(s) appearing for the Case

L. H. Wall and H. B. Adams, both of Lenoir, N. C., for plaintiff.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Wendell Berge, Asst. Atty. Gen., Theron Lamar Caudle, U. S. Atty., of Charlotte, N. C., and Daniel W. Knowlton, Chief Counsel Interstate Commerce Commission, and J. Stanley Payne, Asst. Chief Counsel Interstate Commerce Commission, both of Washington, D. C., for defendants.

Before PARKER, Circuit Judge, and WEBB and HAYES, District Judges.

PARKER, Circuit Judge.

This is a suit under 28 U.S.C.A. § 41 (28) to enjoin and set aside an order of the Interstate Commerce Commission made upon an application for a certificate under the "grandfather" clause of section 206(a) of the Motor Carrier Act of 1935, 49 U.S.C.A. § 306(a). Interlocutory injunction has been applied for and a special statutory court of three judges has been convened pursuant to section 47 of Title 28 of the United States Code Annotated...

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