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EMERY TRANSP. CO. v. UNITED STATES

Civ. A. No. 2164.

91 F.Supp. 644 (1950)

EMERY TRANSP. CO. v. UNITED STATES et al.

United States District Court S. D. Ohio, W. D.

Judgment Affirmed May 15, 1950.

Attorney(s) appearing for the Case

Todd, Dillon & Curtis, Clarence D. Todd, Jr., Dale C. Dillon, Ralph E. Curtiss, Washington, D. C., Harry Kasfir, Cincinnati, Ohio, for plaintiff.

Ray J. O'Donnell, U. S. Atty., Cincinnati, Ohio, Frank J. Richter, Asst. U. S. Atty., Cincinnati, Ohio, William J. Hickey, James E. Kilday, Sp. Assts. to the Atty. Gen.

Herbert A. Bergson, Asst. Atty. Gen., for the United States.

Samuel R. Howell, Office of Chief Counsel, I. C. C., Washington, D. C., for Interstate Commerce Commission.

Albert B. Rosenbaum, Washington, D. C., David Axelrod, Chicago, Ill., for intervenors.

Before ALLEN, Circuit Judge, and MELL G. UNDERWOOD and DRUFFEL, District Judges.

Judgment Affirmed May 15, 1950. See 339 U.S. 955, 70 S.Ct. 982.

PER CURIAM.

The Court makes the following:

Findings of Fact

1. Plaintiff's contract motor carrier operating authority to transport soap, soap powders and toilet articles, over irregular routes, from Jeffersonville, Ind., to Chicago, Ill., was acquired by purchase from Novak Trucking Co., which transaction was authorized and approved by the Interstate Commerce Commission, under...

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