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BRADY TRANSFER & STORAGE CO. v. UNITED STATES

No. 834.

80 F.Supp. 110 (1948)

BRADY TRANSFER & STORAGE CO. (IRREGULAR ROUTE COMMON CARRIER CONFERENCE OF AMERICAN TRUCKING ASSOCIATIONS, Inc., Intervener) v. UNITED STATES et al. (REGULAR COMMON CARRIER CONFERENCE OF AMERICAN TRUCKING ASSOCIATIONS, Inc., Intervener).

United States District Court S. D. Iowa, Central Division.

Judgment Affirmed December 6, 1948.

Attorney(s) appearing for the Case

Nuel D. Belnap and Walter, Burchmore & Belnap, all of Chicago, Ill., and Rex H. Fowler and Bradshaw, Fowler, Proctor & Fairgrave, all of Des Moines, Iowa, for plaintiff.

Gordon C. Locke, of Washington, D. C., for Interstate Commerce Commission.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Gordon C. Locke, of Washington, D. C., and Cloid I. Level, Asst. U. S. Atty., of Des Moines, Iowa, for the United States.

H. F. Gillis, of Washington, D. C., for Irregular Route Common Carrier Conference of American Trucking Associations, Inc., intervening plaintiff.

Franklin R. Overmyer, of Chicago, Ill., and Robert J. McBride, of Washington, D. C., for Regular Common Carrier Conference of American Trucking Associations, Inc., intervening defendant.

Before WOODROUGH and COLLET, Circuit Judges, and DEWEY, District Judge.

Judgment Affirmed December 6, 1948. See 69 S.Ct. 239.

COLLET, Circuit Judge.

The plaintiff, Brady Transfer & Storage Company, which will hereinafter be referred to as Brady, carries on extensive operations as a common carrier by motor vehicle under certificates issued by the Interstate Commerce Commission. Brady was so engaged prior to the effective date of the Motor Carrier Act of 1935, now Part II of the Interstate Commerce Act, 49 U.S.C.A. §§...

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