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SERVICE TRANSFER CO. v. VIRGINIA

No. 92.

359 U.S. 171 (1959)

SERVICE STORAGE & TRANSFER CO., INC., v. VIRGINIA.

Supreme Court of United States.

Decided March 30, 1959.

Attorney(s) appearing for the Case

Francis W. McInerny argued the cause and filed a brief for petitioner.

Robert D. McIlwaine, III, argued the cause for respondent. On the brief were A. S. Harrison, Jr., Attorney General of Virginia, and Reno S. Harp, III, Assistant Attorney General.

Austin L. Roberts, Jr. and R. Everette Kreeger filed a brief for the National Association of Railroad and Utilities Commissioners, as amicus curiae, urging affirmance.

MR. JUSTICE CLARK delivered the opinion of the Court.

Petitioner, an interstate motor carrier certificated by the Interstate Commerce Commission, but without a permit from Virginia allowing intrastate operations, was fined $5,000 by the State Corporation Commission for carrying 10 shipments of freight alleged to have been of an intrastate character and, therefore, in violation of Chapter 12, Title 56, of the Code of Virginia.1 The shipments...

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