NORFOLK SOUTHERN BUS CORP. v. UNITED STATES

Civ. A. No. 1084.

96 F.Supp. 756 (1950)

NORFOLK SOUTHERN BUS CORP. v. UNITED STATES et al.

United States District Court E. D. Virginia, Norfolk Division.

Decided May 12, 1950.

Dissenting opinion May 22, 1950.


Attorney(s) appearing for the Case

James G. Martin, S. Burnell Bragg and Arthur J. Winder, all of Norfolk, Va., for plaintiff.

George R. Humrickhouse, U. S. Atty., Richmond, Va., Edward M. Reidy, Associate Chief Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

Willard R. Ashburn, Norfolk, Va., I. M. Bailey, Raleigh, N. C., for Virginia Dare Transp. Co., Inc.

Before DOBIE, Circuit Judge, and HUTCHESON and BRYAN, District Judges.


DOBIE, Circuit Judge.

Plaintiff, Norfolk Southern Bus Corporation, instituted this civil action against the defendants, United States of America, Interstate Commerce Commission and Virginia Dare Transportation Company, Incorporated, on December 22, 1949, seeking to set aside and annul an order of the Commission dated November 7, 1949, and to enjoin the issuance by the Commission to Virginia Dare of a certificate of public convenience and necessity pursuant to this...

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