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CRICHTON v. UNITED STATES

56 F.Supp. 876 (1944)

CRICHTON et al. v. UNITED STATES et al.

District Court, S. D. New York.

August 25, 1944.

Attorney(s) appearing for the Case

Edgar Turlington, of Washington, D. C. (Neilson Olcott and Olcott, Havens, Wandless & Stitt, all of New York City, and James E. Wilson and Roberts & McInnis, all of Washington, D. C., on the brief), for plaintiffs.

Edward Dumbauld, Sp. Asst. to Atty. Gen. (James B. M. McNally, U. S. Atty., and William L. Lynch, Asst. U. S. Atty., both of New York City, Wendell Berge, Asst. Atty. Gen., and Robert L. Pierce, Sp. Asst. to Atty. Gen., on the brief), for defendant United States.

Edward M. Reidy, Asst. Chief Counsel, Interstate Commerce Commission, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., on the brief), for defendant Interstate Commerce Commission.

Mortimer Allen Sullivan, of Buffalo, N. Y., for intervening defendants Associated Transport, Inc., and Southeastern Motor Lines, Inc.

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

CLARK, Circuit Judge.

Plaintiffs, as competitors of Associated Transport, Inc., a motor truck line, bring this action under 28 U.S.C.A. §§ 41(28), 43-48, and 49 U.S.C.A. § 305(g), to set aside an order of the Interstate Commerce Commission, dated November 2, 1943, which granted Associated the certificate of public convenience and necessity required by Part II of the Interstate Commerce Act, formerly the Motor Carrier Act, 1935, §§ 206(a),...

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