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CAROLINA SCENIC COACH LINES v. UNITED STATES

Civil Action No. 575.

59 F.Supp. 336 (1945)

CAROLINA SCENIC COACH LINES v. UNITED STATES et al.

District court, W. D. North Carolina, Asheville Division.

March 5, 1945.

Attorney(s) appearing for the Case

Wilmer A. Hill, of Washington, D. C., Monroe M. Redden, of Hendersonville, N. C., and Ames, Hill & Ames, of Washington, D. C., for plaintiff.

Roberts & McInnis, of Washington, D. C., and L. B. Hollowell, of Gastonia, N. C., for Smoky Mountain Stages, intervener.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Wendell Berge, Asst. Atty., Gen., and Theron L. Caudle, U. S. Atty., of Charlotte, N. C., for the United States.

Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, and Allen Crenshaw, Atty., Interstate Commerce Commission, both of Washington, D. C., for Interstate Commerce Commission.

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

PARKER, Circuit Judge.

This is a suit under 28 U.S.C.A. §§ 43-48, to set aside orders of the Interstate Commerce Commission refusing to grant a rehearing on the ground of newly discovered evidence in a proceeding in which the Commission had granted a certificate of public convenience and necessity to Smoky Mountain Stages, hereafter called "Stages", extending its authority as a public carrier of passengers by...

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