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FRIEDMAN'S EXP. v. MIRROR TRANSP. CO.

No. 9443.

169 F.2d 504 (1948)

FRIEDMAN'S EXP., Inc. et al. v. MIRROR TRANSP. CO., Inc.

Circuit Court of Appeals Third Circuit.

Decided August 19, 1948.

Attorney(s) appearing for the Case

Edgar Watkins, of Atlanta, Ga. (Edmond J. Dwyer, of Newark, N. J., on the brief), for appellant.

John B. Siefken, of New York City (McCauley & Henry and Thomas A. Brennan, all of New York City, on the brief), for Hears Corporation, amicus curiæ.

Parker McCollester, of New York City (Frederick M. Porter and Lord, Day & Lord, all of New York City, on the brief), for American Newspaper Publishers Ass'n, amicus curiæ.

August W. Heckman, of Jersey City, N. J., for appellee.

Before BIGGS, McLAUGHLIN, and KALODNER, Circuit Judges.

BIGGS, Circuit Judge.

The question presented by the appeal at bar is a narrow one: Is the transportation of comic sections of The New York Sunday Mirror from Wilkes-Barre, Pennsylvania, to points in New York and in New Jersey, within the exemption conferred by Section 203(b) (7) of Part II of the Interstate Commerce Act, 49 U.S.C.A. § 303(b) (7), which provides, "Nothing in this chapter * * *1 shall be construed to include * * * motor...

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