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O. C. WILEY & SONS, INC. v. UNITED STATES

Civ. No. 198.

85 F.Supp. 542 (1949)

O. C. WILEY & SONS, Inc. v. UNITED STATES et al.

United States District Court W. D. Virginia, Lynchburg Division.

Decided September 3, 1949.

Attorney(s) appearing for the Case

W. G. Burnette, Lynchburg, Va., for plaintiff.

Herbert A. Bergson, Assistant Attorney General, William D. McFarlane, Special Assistant to Attorney General, James E. Kilday, Special Assistant to Attorney General, Edward Dumbauld, Special Assistant to Attorney General, and Howard C. Gilmer, Jr., United States Attorney, Roanoke, Va., for United States.

D. W. Knowlton and Samuel R. Howell, Washington, D. C., for the Interstate Commerce Commission.

Before DOBIE, Circuit Judge, PAUL, Chief Judge, and BARKSDALE, District Judge.

DOBIE, Circuit Judge.

Stuart Lumber Corporation (hereinafter called Stuart) entered into a contract with O. C. Wiley & Sons, Incorporated, (hereinafter called Wiley) under which, for a consideration of $1,000, Stuart agreed to transfer to Wiley certain operating rights which Stuart, as a motor carrier, had under a certificate of the Interstate Commerce Commission (hereinafter called the Commission). Later, in spite of this contract, Stuart, apparently for a larger...

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