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INTERSTATE COMMERCE COM'N v. JAMESTOWN STERLING CORP.

Civ. No. 1523.

64 F.Supp. 121 (1945)

INTERSTATE COMMERCE COMMISSION v. JAMESTOWN STERLING CORPORATION.

District Court, W. D. New York.

December 28, 1945.

Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., and Eugene J. Donnelly, Asst. U. S. Atty., both of Buffalo, N. Y., and George H. English, Gregory U. Harmon, and James Y. Piper, Attorneys, Bureau of Motor Carriers, Interstate Commerce Commission, all of Washington, D.C., for plaintiff.

Rogerson, Clary & Hewes, of Jamestown, N. Y. (J. Russell Rogerson, of Jamestown, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

This action for an injunction is brought under section 222(b), Part II, of the Interstate Commerce Act, 49 U.S.C.A. § 322 (b). The complaint alleges that defendant has not secured a certificate of public convenience and necessity, has not filed tariff rates as a common carrier by motor vehicle or a schedule of minimum charges as a contract carrier, and has not filed evidence of insurance for the protection of the public. The answer admits...

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