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MID-STATES FREIGHT LINES v. UNITED STATES

Civil Action No. 4937.

56 F.Supp. 20 (1944)

MID-STATES FREIGHT LINES, Inc., v. UNITED STATES et al.

District Court, D. Kansas, First Division.

July 10, 1944.

Attorney(s) appearing for the Case

Robert Stone, Robert L. Webb, and Stone, McClure, Webb, Johnson & Oman, all of Topeka, Kan., for plaintiff.

Wendell Berge, Asst. Atty. Gen., Edward Dumbauld, Sp. Asst. to Atty. Gen., and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, and Nelson Thomas, Atty., Interstate Commerce Commission, all of Washington, D. C., for defendants.

Before PHILLIPS and MURRAH, Circuit Judges, and HELVERING, District Judge.

HELVERING, District Judge.

This is an action brought to enjoin the enforcement of an order of the Interstate Commerce Commission denying the application of a motor common carrier for a certificate of convenience and necessity under the "grandfather clause" of Section 206(a) of the Motor Carrier Act, 49 U.S. C.A. § 306(a). The original application was made by Irving L. MacMillan who sold his rights, if any, to Walter A. Evans. Evans sold the rights to Fleming...

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