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GARFORD TRUCKING v. UNITED STATES

Civ. A. No. 4263.

64 F.Supp. 780 (1946)

GARFORD TRUCKING, Inc., v. UNITED STATES et al.

District Court, D. New Jersey.

March 2, 1946.

Attorney(s) appearing for the Case

George L. Burton, of South River, N. J. (E. B. Ussery, J. Earl Hummer, Charles V. Guthrie, and A. Lane Cricher, all of Washington, D. C., of counsel), for plaintiff.

Edgar H. Rossbach, U.S. Atty., of Newark, N. J. (Wendel Berge, Asst. Atty. Gen., and Edward Dumbauld, and David O. Mathews, Sp. Assts. to Atty. Gen., of counsel), for U. S.

Allen Crenshaw, of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C., Chief Counsel, Interstate Commerce Commission, of counsel), for Interstate Commerce Commission.

Before McLAUGHLIN, Circuit Judge, and FAKE and FORMAN, District Judges.

FORMAN, District Judge.

The plaintiff, Garford Trucking, Incorporated, is a motor carrier. On October 1, 1938, the Interstate Commerce Commission on its "grandfather" application (Docket Mc-1091) pursuant to 49 U.S.C.A. § 306(a), granted it a certificate of public convenience and necessity authorizing the transportation of general commodities, with certain exceptions, over irregular routes (9 M.C.C. 672).

On March 23, 1939, the Commission, upon the petition...

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