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DUNHAM & REID v. PORTER

No. 355.

157 F.2d 1022 (1946)

DUNHAM & REID, Inc., et al. v. PORTER.

United States Emergency Court of Appeals.

Decided November 5, 1946.

Attorney(s) appearing for the Case

J. Almyk Lieberman, of New York City, for complainants.

Carl A. Auerbach, Associate General Counsel, of Washington, D. C. (Richard H. Field, General Counsel, William R. Ming, Jr., Chief, Court Review Price Branch and Louis L. Rochmes, all of Washington, D. C., and Homer Hilton, Jr., of New York City, Attys., all of Office of Price Administration, on the brief), for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

Heard at New York October 18, 1946.

MARIS, Chief Judge.

The sole question involved in this case is whether a common carrier is subject to price control under the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 901 et seq., with respect to transportation services the rates for which are not regulated by other state or federal authorities. The complainants are common carriers of household goods by motor vehicle who have received certificates of public...

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