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CAROLINA SCENIC COACH LINES v. UNITED STATES

Civil Action No. 507.

56 F.Supp. 801 (1944)

CAROLINA SCENIC COACH LINES v. UNITED STATES et al.

District Court, W. D. North Carolina, Asheville Division.

Judgment Affirmed December 11, 1944.

Attorney(s) appearing for the Case

Monroe M. Redden, of Hendersonville, N. C., and Wilmar A. Hill and Ames, Hill & Ames, all of Washington, D. C., for Carolina Scenic Coach Lines.

Roberts & McInnis and James E. Wilson, all of Washington, D. C., Cherry & Hollowell, of Gastonia, N. C., and Edgar Turlington, of Washington, D. C., for Smoky Mountain Stages, Inc.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Wendell Berge, Asst. Atty. Gen., and Theron L. Caudle, United States Attorney, of Charlotte, N. C., for United States, Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, and Allen Crenshaw, Atty., Interstate Commerce Commission, both of Washington, D. C., for Interstate Commerce Commission.

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

PARKER, Circuit Judge.

This is a suit under 28 U.S.C.A. §§ 43-48 to set aside and enjoin an order of the Interstate Commerce Commission granting to Smoky Mountain Stages, Inc., hereafter referred to as "Stages," a certificate of public convenience and necessity, extending its authority as a public carrier of passengers by motor bus so as to authorize it to operate over a certain route between Clinton, S. C., and Augusta, Ga. By the same order, the application...

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