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HOWARD HALL CO. v. UNITED STATES

No. 5215.

38 F.Supp. 556 (1941)

HOWARD HALL CO., Inc., v. UNITED STATES et al.

District Court, N. D. Alabama, S. D.

April 17, 1941.

Attorney(s) appearing for the Case

Boutwell & Pointer, of Birmingham, Ala., and Watkins & Watkins, of Atlanta, Ga., for plaintiff.

Thurman Arnold, Asst. Atty. Gen., Jim C. Smith, U. S. Atty., of Birmingham, Ala., S. R. Brittingham, Jr., Sp. Asst. to Atty. Gen., and Allen Crenshaw and Daniel W. Knowlton, Chief Counsel, both of Washington, D. C., for defendants.

Before McCORD, Circuit Judge, and KENNAMER and MURPHREE, District Judges.

McCORD, Circuit Judge.

The petitioner, Howard Hall Company, Inc., is an Alabama corporation operating as a motor carrier with offices and principal place of business in Birmingham, Alabama. On February 11, 1936, it filed application with the Interstate Commerce Commission 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).

The carrier sought a certificate...

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