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BEARD-LANEY v. UNITED STATES

Civ. No. 2048.

83 F.Supp. 27 (1949)

BEARD-LANEY, Inc. v. UNITED STATES et al.

United States District Court E. D. South Carolina.

March 10, 1949.

Attorney(s) appearing for the Case

Frank A. Graham and E. W. Mullins, both of Columbia, S. C., for plaintiff.

Allen Crenshaw, of Birmingham, Ala., Attorney, Ben Scott Whaley, U. S. Atty., of Charleston, S. C., Edward M. Reidy, Asst. Chief Counsel, of Washington, D. C., for Interstate Commerce Commission, William D. McFarlane, Sp. Asst. to Atty. Gen. and Herbert A. Bergson, Asst. Atty. Gen., for the United States.

L. A. Odom, of Spartanburg, S. C., C. W. Tillett, Jr., of Charlotte, N. C., Frank J. Bostick, of Spartanburg, S. C., and Joseph H. Blackshear, of Gainesville, Ga., for Associated Petroleum Carriers.

Before PARKER, Circuit Judge, and WYCHE and TIMMERMAN, District Judges.

PARKER, Circuit Judge.

This is a suit to set aside and enjoin an order of the Interstate Commerce Commission granting to Associated Petroleum Carriers a certificate of public convenience and necessity to operate as a common carrier by motor vehicle, in interstate or foreign commerce, of petroleum products, in bulk in tank trucks over irregular routes, from Wilmington, Fayetteville, Morehead City and New Bern, N. C., Charleston, S. C., Savannah, Ga., and terminals...

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