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HOUFF TRANSFER v. UNITED STATES

Civ. A. No. 312.

105 F.Supp. 847 (1952)

HOUFF TRANSFER, Inc. v. UNITED STATES et al.

United States District Court W. D. Virginia, at Harrisonburg.

Decided July 15, 1952.

Attorney(s) appearing for the Case

Charles A. Nelson, Harrisonburg, Va., and Glenn F. Morgan, Washington, D. C., for plaintiff.

Samuel R. Howell, Asst. Chief Counsel for Interstate Commerce Commission, Washington, D. C., William J. Hickey, Sp. Asst. to the Atty. Gen., Edward M. Reidy, Chief Counsel for Interstate Commerce Commission, Washington, D. C., H. G. Morison, Asst. Atty. Gen., James E. Kilday, Sp. Asst. to the Atty. Gen., and Howard C. Gilmer, Jr., U. S. Atty., Roanoke, Va., for defendants.

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

PAUL, Chief Judge.

The plaintiff in this case is a motor carrier in interstate commerce which, operating under the authority of certificates granted by the Interstate Commerce Commission, is engaged in the transportation of various commodities over various routes. For the sake of brevity the plaintiff will hereinafter be referred to as Houff. That portion of plaintiff's operating authority which is of concern in this case gives it the right, over certain routes, to...

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