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UNITED STATES v. ENGLISH

No. 10767.

139 F.2d 885 (1944)

UNITED STATES v. ENGLISH.

Circuit Court of Appeals, Fifth Circuit.

January 7, 1944.

Attorney(s) appearing for the Case

Geo. M. Porter, Sr. Atty., District 12, Bureau of Motor Carriers, I. C. C., of Fort Worth, Tex., and Steve M. King, U. S. Atty., and John D. Rienstra, Asst. U. S. Atty., both of Beaumont, Tex., for appellant.

Sam R. Sayers and F. H. Rawlings, both of Fort Worth, Tex., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

An information in twenty-two counts was filed against Henry English, charging in substance that he engaged as a common carrier for hire in the transportation of property in interstate commerce by motor vehicle on public highways without having first acquired from the Interstate Commerce Commission a certificate of public convenience and necessity, in violation of Section 306(a) of 49 U.S.C.A. The court below sustained a motion to quash the information...

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