HARPER, District Judge.
The complainant sought a certificate as a common carrier by water in the transportation of commodities generally by nonself-propelled vessels and for general towage or in the alternative a permit as a contract carrier by water before the Interstate Commerce Commission on the theory that on January 1, 1940, it was so engaged as a common carrier within the meaning of the Water Carriers Act, 49 U.S.C.A. § 909, over the route for which application...
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