ST. JOHNSBURY TRUCKING CO. v. UNITED STATES

No. 945.

99 F.Supp. 977 (1951)

ST. JOHNSBURY TRUCKING CO., Inc. v. UNITED STATES et al.

United States District Court D. Vermont.

September 5, 1951.


Attorney(s) appearing for the Case

Sterry R. Waterman, of St. Johnsbury, Vt. (Francis E. Barrett, Neal J. Holland, both of Boston, Mass., and John H. Downs, of St. Johnsbury, Vt., on the brief), for plaintiffs.

Edward J. Hickey, Jr., Department of Justice, of Washington, D. C., and Joseph A. McNamara, U. S. Atty. for District of Vermont, of Burlington, Vt. (John F. Sonnett, U. S. Department of Justice, William J. Hickey, Sp. Asst. to the Atty. Gen., H. G. Morison, Asst. Atty. Gen., James E. Kilday and John F. Baecher, Sp. Assts. to the Atty. Gen., all of Washington, D. C., on the brief), for defendant United States.

Edward M. Reidy, Associate Chief Counsel, Interstate Commerce Commission, of Washington, D. C. (Gordon C. Locke and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, both of Washington, D. C., on the brief), for defendant Interstate Commerce Commission.

Reubin Kaminsky, of Hartford, Conn. (Hugh M. Joseloff, of Hartford, Conn., on the brief), for defendants Marvin J. Haigis and Kneeland G. Nichols, doing business as Tri-State Motor Lines.

Before CHASE, Circuit Judge, and FOLEY, and GIBSON, District Judges.


GIBSON, District Judge.

In their complaint, the plaintiffs request that the decision of the Interstate Commerce Commission rendered on March 7, 1946 and the certificate of public convenience and necessity issued April 16, 1947 by the Commission to Messrs. Haigis and Nichols, doing business as Tri-State Motor Lines, be annulled and set aside. The following facts are undisputed.

On February 15, 1941, Messrs. Haigis...

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