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ROYAL CADILLAC SERVICE v. UNITED STATES

52 F.Supp. 225 (1942)

ROYAL CADILLAC SERVICE, Inc., et al. v. UNITED STATES et al.

District Court, S. D. New York.

December 15, 1942.

Attorney(s) appearing for the Case

George H. Rosen, of New York City, for plaintiffs.

Thurman Arnold, Asst. Atty. Gen., Robert L. Pierce, Sp. Atty., Department of Justice, of Washington, D. C., and Frank Coleman, Sp. Asst. to Atty. Gen., for defendant United States.

E. M. Reidy, Asst. Chief Counsel and Attorney, for defendant, of Washington, D. C., Interstate Commerce Commission.

James F. X. O'Brien, of Newark, N. J., for intervenor Hudson Transit Lines, Inc.

Henry P. Goldstein, of New York City, for intervenor Mountain Transit Corporation.

Before FRANK, Circuit Judge and BONDY and COXE, District Judges.

PER CURIAM.

This Court has heretofore held that the Interstate Commerce Commission properly decided that the plaintiff failed to establish any right to a certificate of convenience and necessity under the grandfather clause of Section 206(a) of the Motor Vehicle Act of 1935, 49 U.S.C.A. § 306(a), and denied plaintiffs' application for a preliminary injunction restraining the Commission from enforcing the order made thereon. In view of the fact, however, that...

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