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INTERSTATE COMMERCE COM'N v. SERVICE TRUCKING CO.

No. 10255.

186 F.2d 400 (1951)

INTERSTATE COMMERCE COMMISSION v. SERVICE TRUCKING CO., Inc.

United States Court of Appeals Third Circuit.

Decided January 11, 1951.

Attorney(s) appearing for the Case

James Y. Piper, Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., Edward A. Kallick, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellant.

David G. MacDonald, Washington, D. C. (John Harper, Philadelphia, Pa., on the brief), for appellee.

Neil Brooks, Washington, D. C. (Carl R. Bullock, Henry A. Cockrum and Donald A. Campbell, all of Washington, D. C., Attorneys, U. S. Department of Agriculture, on the brief), for Secretary of Agriculture as amicus curiæ.

Before ALBERT LEE STEPHENS, GOODRICH and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal from a judgment in the district court in favor of the defendant in a suit brought by Interstate Commerce Commission under Part II, Section 222(b) of the Interstate Commerce Act1, 49 U.S. C.A. § 322(b), to restrain the defendant, a common carrier by motor vehicle, from continuing to engage in transporting crated eggs in the shell without first obtaining authorization from the Commission...

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