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ELLIOTT BROS. TRUCKING CO. v. UNITED STATES

Civil Action No. 2385.

59 F.Supp. 328 (1945)

ELLIOTT BROS. TRUCKING CO., Inc., v. UNITED STATES et al. (INTERSTATE COMMON CARRIER COUNCIL OF MARYLAND, Inc., Intervener).

District Court, D. Maryland.

March 8, 1945.

Attorney(s) appearing for the Case

E. B. Ussery, of Washington, D. C., Harvey C. Bickel, of Baltimore, Md., and J. E. Hummer and C. V. Guthrie, both of Washington, D. C., for plaintiff.

John R. Norris and James J. Doherty, both of Baltimore, Md., for Intervenor Interstate Common Carrier Council of Maryland, Inc.

Wendell Berge, Asst. Atty. Gen., Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., Edward Dumbault, Sp. Asst. to Atty. Gen., and Gordon C. Locke, Atty., Interstate Comerce Commission, of Washington, D. C., for Interstate Commerce Commission.

Bernard J. Flynn, U. S. Atty., of Baltimore, Md., for defendants.

Before SOPER, Circuit Judge, and COLEMAN and CHESNUT, District Judges.

SOPER, Circuit Judge.

Elliott Brothers Trucking Company, Inc., of Easton, Maryland, seeks to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission issued April 12, 1944 wherein the Commission denied in part the application of the Trucking Company for a certificate of public convenience and necessity under the "grandfather" clause contained in § 206 (a) of the Interstate Commerce Act, 49 U.S.C.A. § 306(a), and granted only...

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