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C. E. HALL & SONS v. UNITED STATES

Civ. A. No. 8494.

88 F.Supp. 596 (1950)

C. E. HALL & SONS, Inc., et al. v. UNITED STATES et al.

United States District Court D. Massachusetts.

January 27, 1950.

Attorney(s) appearing for the Case

LaRue Brown, Boston, Mass., Brown, Field, McCarthy & Field, Boston, Mass., Raymond E. Bernard, Boston, Mass., Francis E. Barrett, Milton, Mass., for plaintiffs.

William J. Hickey, Special Assistant to Attorney General, James E. Kilday, Special Assistant to Attorney General, Herbert A. Bergson, Assistant Attorney General, George F. Garrity, United States Attorney, Boston, Mass., for the United States of America.

Edward M. Reidy, Associate Chief Counsel, Washington, D. C., Daniel W. Knowlton, Chief Counsel, Washington, D. C., Alfred G. Malagodi, Assistant United States Attorney, Boston, Mass., for the Interstate Commerce Commission.

Before MAGRUDER, Circuit Judge, SWEENEY and WYZANSKI, District Judges.

MAGRUDER, Circuit Judge.

On October 7, 1948, the Interstate Commerce Commission, Division 5, upon a finding that the present and future public convenience and necessity so required, issued an order granting an application of Auclair Transportation, Inc., to the extent of authorizing operation by the applicant, in interstate or foreign commerce, as a common carrier by motor vehicle of commodities which because of their size or

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