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INTERSTATE COMMERCE COMMISSION v. CLAYTON

No. 2440.

127 F.2d 967 (1942)

INTERSTATE COMMERCE COMMISSION v. CLAYTON.

Circuit Court of Appeals, Tenth Circuit.

April 30, 1942.

Attorney(s) appearing for the Case

Francis A. Silver, of Washington, D. C., (Dan B. Shields, U. S. Atty., of Salt Lake City, Utah, Geo. H. English, of Jefferson City, Mo., and Hallan Huffman, and George W. Howard, both of Washington, D. C., on the brief), for appellant.

Horace J. Knowlton, of Salt Lake City, Utah, for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

The Interstate Commerce Commission brought this action against Clayton to enjoin him from holding himself out as a common carrier or contract carrier in interstate commerce for compensation without complying with the requirements of Part II of the Interstate Commerce Act, 49 U.S.C. A. §§ 301-327. The trial court denied the injunction. The Interstate Commerce Commission has appealed.

The facts are these: Clayton resides at...

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