NOBLE v. UNITED STATES

Civil No. 281.

45 F.Supp. 793 (1942)

NOBLE v. UNITED STATES et al.

District Court, D. Minnesota, Third Division.

July 22, 1942.


Attorney(s) appearing for the Case

Charles A. Lethert, of St. Paul, Minn., and Frank H. Osterlind, of Minneapolis, Minn., for plaintiff.

Allen Crenshaw, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., on the brief), for Interstate Commerce Commission.

S. R. Brittingham, Jr., Sp. Asst. Atty. Gen. (Thurman Arnold, Asst. Atty. Gen., and Mr. Victor E. Anderson, U. S. Atty., of St. Paul, Minn., on the brief), for the United States.

C. D. Todd, Jr., of Washington, D. C., for Contract Carrier Division of American Trucking Associations, Inc., intervenor.

Perry R. Moore, of Stinchfield, Mackall, Crounse & Moore, of Minneapolis, Minn., for Regular Common Carrier Conference of American Trucking Associations, Inc., Raymond Bros. Motor Transportation, Inc., Witte Transportation Co., and Steller Transportation Company, intervenors.

Franklin R. Overmyer, of Chicago, Ill., for Illinois-Minnesota Motor Carriers' Conference, and American Trucking Association, Regular Common Carriers' Conference.

Nicholson, Snyder, Chadwell & Fagerburg, of Chicago, Ill., for Kraft Cheese Co.

Before SANBORN, Circuit Judge, and NORDBYE and BELL, District Judges.


BELL, District Judge.

This is an action by John F. Noble, transacting business as the Noble Transit Company, to review and to annul certain restrictive provisions of an order of the Interstate Commerce Commission issued May 13, 1941, granting to the plaintiff a permit to operate as a contract carrier under the so-called "grandfather" clause of Section 209(a) of the Motor Carrier Act of 1935, as amended, 49 U.S.C.A. § 309(a). The cause was presented to a statutory...

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