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McLEAN TRUCKING CO. v. UNITED STATES

No. 195.

63 F.Supp. 829 (1945)

McLEAN TRUCKING CO., INC., v. UNITED STATES et al.

District Court, M. D. North Carolina.

December 29, 1945.

Attorney(s) appearing for the Case

E. B. Ussery, of Washington, D. C., and H. G. Hudson, of Winston Salem, N. C., for plaintiff.

Carlisle W. Higgins, U. S. Atty., of Greensboro, N. C., Edward Dumbauld, Sp. Asst. Atty. Gen., Gordon C. Locke and Nelson Thomas, Attys., Interstate Commerce Commission, and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, all of Washington, D. C., and Wendell Berge, Asst. Atty. Gen., for defendants.

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

HAYES, District Judge.

This is a suit to set aside an order of the Interstate Commerce Commission, dated September 23, 1944 (No. M.C. 31389), granting some but not all of the operating authority sought by plaintiff in a "grandfather" application, under section 206(a) of the Act, 49 U.S.C.A. § 306(a), as a motor carrier of property between certain places in the South and New England, and denying in part a certificate of public convenience and necessity on an application...

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