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CENTRAL DELIVERY SERVICE v. BURCH

Civ. No. 71-316-T.

355 F.Supp. 954 (1973)

CENTRAL DELIVERY SERVICE, a corporation, and Helper Services, Inc., a corporation, on behalf of themselves and all others similarly situated, v. Francis B. BURCH, Attorney General of the State of Maryland, and Henry Miller, Commissioner, Department of Labor and Industry.

United States District Court, D. Maryland.

January 31, 1973.

Attorney(s) appearing for the Case

Seymour J. Spelman, Arlington, Va. (Frances G. Beck, Spelman & Wagner, Arlington, Va., and Harry K. Wolpoff, Silver Spring, Md., on the brief), for plaintiffs.

Thomas N. Biddison, Jr., Asst. Atty. Gen., Baltimore, Md. (Stanford D. Hess, Asst. Atty. Gen., Annapolis, Md., on the brief), for defendants.

THOMSEN, District Judge.

Plaintiffs are motor carriers having their principal office in Maryland and operating out of a terminal or garage in Maryland. Some of their operations are in interstate commerce, and plaintiffs are therefore subject to the provisions of Part II of the Interstate Commerce Act, 49 U.S.C. § 301 et seq., formerly known as the Motor Carrier Act, 1935, which vests in the Interstate Commerce Commission the regulation of the "transportation...

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