WATERWAYS TRANSP. v. UNITED STATES

No. 6228.

83 F.Supp. 588 (1949)

WATERWAYS TRANSP., Inc. v. UNITED STATES.

United States District Court, E. D. Missouri, E. D.

April 11, 1949.


Attorney(s) appearing for the Case

T. D. Drury, of St. Louis, Mo., and Royston & Rayzor and Robert Eikel, Jr., all of Houston, Tex., for plaintiff.

William J. Hickey, Asst. Atty. Gen., and Drake Watson, U. S. Dist. Atty., and William V. O'Donnell, Asst. U. S. Dist. Atty., both of St. Louis, Mo., for defendant.

Daniel H. Kunkel, of Washington, D. C., for Interstate Commerce Commission.

Ames, Hill & Ames, by Harry C. Ames, all of Washington, D. C., and Thompson, Mitchell, Thompson & Young, by Chas. M. Spence, all of St. Louis, Mo., for Mississippi Valley Barge Line, intervener.

Frederick E. Brown, of Washington, D. C., and Dwight D. Ingamells, of St. Louis, Mo., for American Barge Line Co., intervener.

Stinchfield, Mackall, Crounse & Moore, and Perry R. Moore, all of Minneapolis, Minn., and B. W. LaTourette, of St. Louis, Mo., for Mid-Continent Barge Line, intervener.

Before JOHNSEN, Circuit Judge, and MOORE and HARPER, District Judges.


HARPER, District Judge.

The complainant sought a certificate as a common carrier by water in the transportation of commodities generally by nonself-propelled vessels and for general towage or in the alternative a permit as a contract carrier by water before the Interstate Commerce Commission on the theory that on January 1, 1940, it was so engaged as a common carrier within the meaning of the Water Carriers Act, 49 U.S.C.A. § 909, over the route for which application...

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