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INTERSTATE COMMERCE COMM. v. JAMESTOWN FARMERS, ETC.

Civ. No. 455.

57 F.Supp. 749 (1944)

INTERSTATE COMMERCE COMMISSION v. JAMESTOWN FARMERS UNION FEDERATED COOPERATIVE TRANSP. ASS'N.

District Court, D. Minnesota, Third Division.

October 24, 1944.

Attorney(s) appearing for the Case

Victor E. Anderson, U. S. Atty., and William P. Murphy, Asst. U. S. Atty., both of St. Paul, Minn., George H. English and Gregory U. Harmon, both of Washington, D. C., and Herman L. Bode, of Minneapolis, Minn., for Interstate Commerce Commission, for plaintiff.

Peter T. Egan, of So. St. Paul and Wilfrid E. Rumble, of St. Paul, Minn. (Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul, Minn., of counsel), for defendant.

Robert J. Barry, of St. Paul, Minn., for St. Paul Bank for Cooperatives, amicus curiæ.

NORDBYE, District Judge.

This is an action instituted by the Interstate Commerce Commission seeking to enjoin the defendant from alleged violations of Sections 206(a) and 209(a) of Part II of the Interstate Commerce Act, 49 U.S. C.A. § 306(a) and § 309(a). These sections require that all common and contract carriers, which carry goods by motor vehicle and which are subject to the provisions of the Act, must procure a certificate of public convenience and...

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