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CALLANAN ROAD CO. v. UNITED STATES.

No. 488.

345 U.S. 507 (1953)

CALLANAN ROAD IMPROVEMENT CO. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 4, 1953.

Attorney(s) appearing for the Case

William A. Roberts argued the cause for appellant. With him on the brief was James E. Wilson.

William J. Hickey argued the cause for the United States and the Interstate Commerce Commission, appellees. With him on the brief were Acting Solicitor General Stern, Acting Assistant Attorney General Hodges, Ralph S. Spritzer, Daniel M. Friedman and Edward M. Reidy.

R. Granville Curry argued the cause for the Cornell Steamboat Company, appellee. With him on the brief was Frederick M. Dolan.

MR. JUSTICE MINTON delivered the opinion of the Court.

In 1941, one Joseph R. Hutton applied to the Interstate Commerce Commission for a permit to operate as a contract carrier by water between points on Long Island Sound, New York Harbor, the Hudson River, the New York State Barge Canal System, the Niagara River, and contiguous ports. In the alternative, he prayed a certificate of convenience and necessity if he be found to be a common carrier. The application was...

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