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B & C TRUCK LEASING, INC. v. I. C. C.

No. 6317.

283 F.2d 163 (1960)

B & C TRUCK LEASING, INC., a corporation, Carl F. Moyes, and Ogden Drivers Service, Inc., a corporation, Appellants, v. INTERSTATE COMMERCE COMMISSION, Appellee.

United States Court of Appeals Tenth Circuit.

September 26, 1960.

Attorney(s) appearing for the Case

Glen E. Fuller, Salt Lake City, Utah, for appellants.

George W. Howard, Denver, Colo. (A. Henry Walter and A. J. Merrill, Washington, D. C., Interstate Commerce Commission, were with him on the brief), for appellee.

Before BRATTON, PICKETT, and LEWIS, Circuit Judges.

BRATTON, Circuit Judge.

The Interstate Commerce Commission instituted this action against Carl F. Moyes, B & C Truck Leasing, Inc., and Ogden Drivers Service, Inc. The substance of the cause of action pleaded was that the defendants Moyes and B & C Truck Leasing, Inc., were engaged in the business of transporting property by motor vehicle in interstate commerce, for compensation, over public highways, without having a certificate of convenience and necessity...

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