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WRIGHT v. UNITED STATES

50 F.Supp. 758 (1943)

WRIGHT v. UNITED STATES et al.

District Court, W. D. North Carolina.

July 7, 1943.

Attorney(s) appearing for the Case

Thomas L. Johnson and Johnson & Uzzell, all of Asheville, N. C., for plaintiff.

Edward Dumbauld, Sp. Asst. to the Atty. Gen., Tom C. Clark, Asst. Atty. Gen., and Daniel W. Knowlton, Chief Counsel Interstate Commerce Commission, and Allen Crenshaw, Atty. for Interstate Commerce Commission, both of Washington, D. C., for defendants.

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

PER CURIAM.

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 sec. 206(a) of the Motor Carrier Act of 1935, 49 U.S.C.A. § 306(a). See 34 M.C.C. 817. Interlocutory injunction has been applied for and a special statutory court of three judges has been convened pursuant to sec. 47 of Title 28 of the United States Code Annotated...

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