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BADGETT v. UNITED STATES

Civ. No. 1476.

123 F.Supp. 62 (1954)

BADGETT et al. v. UNITED STATES.

United States District Court S. D. West Virginia, Charleston Division.

July 19, 1954.

Attorney(s) appearing for the Case

David G. MacDonald, Washington, D. C., for West Virginia Motor Truck Ass'n, Inc.; Smith Transfer Corp., and Bell Lines, Inc., intervenors in protest.

John C. White, Charleston, W. Va., for C & D Motor Delivery Co.; Greig Freight Lines, and others, intervenors in opposition.

Isaac K. Hay, Asst. Chief Counsel, Washington, D. C., pro hac vice, on behalf of the Commission.

Richard T. Wilson, Jr., counsel for Chesapeake & Ohio R. Co., Richmond, Va., on behalf of the Railroad.

Elmer H. Dodson, Asst. U. S. Atty., Charleston, W. Va., on behalf of the Government.

Willard Memler, Anti-Trust Division, Department of Justice, Washington, D. C., pro hac vice.

Before DOBIE, Circuit Judge, and WATKINS and MOORE, District Judges.

DOBIE, Circuit Judge.

G. R. Badgett, numerous other motortruck operators and the West Virginia Motor Truck Association, Inc., filed, as plaintiffs, a civil action in the United States District Court for the Southern District of West Virginia, seeking to set aside an order of the Interstate Commerce Commission (hereinafter called the Commission) granting a certificate of convenience and necessity to the Chesapeake and Ohio...

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