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BONDURANT v. UNITED STATES

50 F.Supp. 704 (1943)

BONDURANT v. UNITED STATES et al.

District Court, M. D. North Carolina.

July 7, 1943.

Attorney(s) appearing for the Case

Harold G. Hernly, James W. Wrape, and Charles Hudson, Jr., all of Memphis, Tenn., for plaintiff.

Edward Dumbauld, Sp. Asst. to the Atty. Gen., Tom C. Clark, Asst. Atty. Gen., Carlisle Higgins, U. S. Atty., and Bryce R. Holt, Asst. U.S. Atty., both of Greensboro, N. C., and Daniel W. Knowlton, Chief Counsel, and Allen Crenshaw, Atty., Interstate Commerce Commission, both of Washington, D. C., for defendants.

Before PARKER, Circuit Judge, and WEBB, and HAYES, District Judges.

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 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. 174, 179-181. Interlocutory injunction has been applied for and a special statutory court of three judges has been convened pursuant to section 47 of Title 28...

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