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N. E. ROSENBLUM TRUCK LINES v. UNITED STATES

Nos. 599, 601.

36 F.Supp. 467 (1941)

N. E. ROSENBLUM TRUCK LINES, Inc., v. UNITED STATES et al. MARGOLIES v. SAME.

District Court, E. D. Missouri, E. D.

January 14, 1941.

Attorney(s) appearing for the Case

J. C. Hopewell, M. E. Aronoff, and Gus O. Nations, all of St Louis, Mo., for plaintiffs.

Thurman Arnold, Asst. Atty. Gen., Harry C. Blanton, U. S. Atty., of Sikeston, Mo., Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., Frank Coleman, Sp. Asst. to Atty. Gen., and Nelson Thomas, of Interstate Commerce Commission, of Washington, D. C., for defendants.

Before WOODROUGH, Circuit Judge, and DAVIS and MOORE, District Judges.

PER CURIAM.

The complainants sought certificates of convenience and necessity or permits before the Interstate Commerce Commission on the theory that on July 1, 1935, they were operating as contract carriers by motor vehicles, within the meaning of the Motor Carrier Act, 49 U.S.C.A. § 303, over the route for which application was made, and had so operated since that time.

The Commission denied the applications. The complainants filed separate suits in...

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