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CAROLINA FREIGHT CARRIERS CORP. v. UNITED STATES

38 F.Supp. 549 (1941)

CAROLINA FREIGHT CARRIERS CORPORATION v. UNITED STATES et al.

District Court, W. D. North Carolina.

April 5, 1941.

Attorney(s) appearing for the Case

Wilmer A. Hill, of Washington, D. C., and R. G. Cherry, of Gastonia, N. C., for plaintiff.

Frank Coleman, Sp. Asst. to Atty. Gen., Theron L. Caudle, U. S. Atty., of Wadesboro, N. C., and Nelson Thomas, of Washington, D. C., Atty. for Interstate Commerce Commission (Thurman Arnold, Asst. Atty. Gen., and Daniel W. Knowlton, Chief Counsel Interstate Commerce Commission, of Washington, D. C., of counsel), for defendants.

Harry F. Gillis, of Washington, D. C., and Nuel D. Belnap and Robert N. Burchmore, both of Chicago, Ill., for Irregular Common Carriers Ass'n of America, amicus curiae.

Before PARKER and DOBIE, Circuit judges, and WEBB, District Judge.

PARKER, Circuit Judge.

This is a suit under 28 U.S.C.A. § 41(28) to enjoin and set aside an order of the Interstate Commerce Commission made upon an application for a certificate of public convenience and necessity under the "grandfather" clause of section 206(a) of the Motor Carrier Act of 1935, 49 U.S.C.A. § 306(a). See 24 M.C.C. 305. Interlocutory injunction has been applied for and a special statutory court of three judges has been convened pursuant...

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