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A. B. & C. MOTOR TRANSPORTATION CO. v. UNITED STATES

Civ. A. No. 55-487-M.

151 F.Supp. 367 (1956)

A. B. & C. MOTOR TRANSPORTATION CO., Inc., Boston and Taunton Transportation Co., Hemingway Bros. Interstate Trucking Co., M & M Transportation Company, Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court D. Massachusetts.

September 13, 1956.

Attorney(s) appearing for the Case

James Julian Weinstein, Boston, Mass., for plaintiffs, Francis E. Barrett, Boston, Mass., of counsel.

James E. Kilday, E. Riggs McConnell, Attys., Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, H. Neil Garson, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

W. Q. Keenan, New Haven, Conn., for New England Trunk Lines R. R.

Paul J. Goldstein, New Haven, Conn., J. A. Kline, Boston, Mass., for L. Nelson & Sons.

Before WOODBURY, Circuit Judge, and FORD and McCARTHY, District Judges, by designation of Chief Judge MAGRUDER pursuant to Title 28 U.S.C. § 2284.

WOODBURY, Circuit Judge.

This is a suit under Title 28 U.S.C. § 1336 to set aside and annul an order of the Interstate Commerce Commission granting a certificate of public convenience and necessity to the intervening defendant, The L. Nelson & Sons Transportation Company.

For a great many years The L. Nelson & Sons Transportation Company (Nelson or applicant hereinafter) has been in the business of a common carrier by motor vehicle transporting...

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