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M. I. O'BOYLE & SON v. INTERSTATE COMMERCE COMMISSION

No. 11535.

206 F.2d 473 (1953)

M. I. O'BOYLE & SON, Inc. v. INTERSTATE COMMERCE COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1953.

Attorney(s) appearing for the Case

Mr. Clarence D. Todd, Washington, D. C., with whom Mr. Ralph E. Curtiss, Washington, D. C., was on the brief, for appellant.

Mr. Frank H. Strickler, Asst. U. S. Atty., with whom Messrs. Charles M. Irelan, U. S. Atty., and William R. Glendon, Asst. U. S. Atty., at the time of argument, were on the brief, for appellee Interstate Commerce Commission. Messrs. Leo A. Rover, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty. a the time the record was filed, also entered appearances for appellee Interstate Commerce Commission.

Mr. Beverley S. Simms, Washington, D. C., entered an appearance for appellee Leaman Transp. Corp.

Before WILBUR K. MILLER, PROCTOR and FAHY, Circuit Judges.

FAHY, Circuit Judge.

The appellant company, hereinafter referred to as O'Boyle, holds a certificate of public convenience and necessity, issued by the Interstate Commerce Commission, to transport petroleum products in bulk, in tank trucks, over irregular routes, from points and places in the Washington, D. C., commercial zone to points in West Virginia, Maryland and Virginia. It also holds a second certificate granting the right to transport petroleum from points...

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