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INTERSTATE COMMERCE COM'N v. WOODALL FOOD PROD. CO.

No. 14560.

207 F.2d 517 (1953)

INTERSTATE COMMERCE COMMISSION v. WOODALL FOOD PRODUCTS CO.

United States Court of Appeals Fifth Circuit.

November 6, 1953.

Attorney(s) appearing for the Case

Gerald E. Jessup, Atty. Interstate Commerce Comm., Linton B. West, Atlanta, Ga., Leo H. Pou, Atty. Interstate Commerce Comm., Neil Brooks and Donald A. Campbell, Attys., U. S. Department of Agriculture, Washington, D. C., for appellant.

Ross Arnold, White, Douglas & Arnold, and Edward S. White, Atlanta, Ga., for appellee.

Joseph H. Blackshear, Gainesville, Ga., Allan Watkins, Atlanta, Ga., amici curiæ.

Before HUTCHESON, Chief Judge, and RUSSELL and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

Brought under Section 222(b) of the Interstate Commerce Act,1 the suit sought an injunction to prevent the defendant from transporting dressed poultry by motor vehicle in interstate commerce.

The claim was that defendant, though having neither a certificate of public convenience and necessity as a common carrier, nor a permit as a contract carrier, and therefore...

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