BORDER EXPRESS v. UNITED STATES

Civ. A. No. 51-1028.

120 F.Supp. 23 (1954)

BORDER EXPRESS, Inc. et al. v. UNITED STATES et al.

United States District Court D. Massachusetts.

March 30, 1954.


Attorney(s) appearing for the Case

James Julian Weinstein, Francis E. Barrett, Boston, Mass., for plaintiffs.

Herbert Brownell, Jr., Atty. Gen., Stanley N. Barnes, Asst. Atty. Gen., Willard R. Memler, James E. Kilday, John F. Baecher, William J. Hickey, Sp. Assts. to Atty. Gen., Anthony Julian, U. S. Atty., and Alfred G. Malagodi, Asst. U. S. Atty., Boston, Mass., for the United States.

Edward M. Reidy, Chief Counsel, H. Neil Garson, Washington, D. C., for Interstate Commerce Commission.

Before MAGRUDER, Circuit Judge, and SWEENEY and WYZANSKI, District Judges.


MAGRUDER, Circuit Judge.

On August 24, 1950, the Interstate Commerce Commission, Division 5, upon a finding that present and future public convenience and necessity so required, issued an order granting an application by Cole's Express, a corporation of Bangor, Maine, to the extent of authorizing operation by the applicant, in interstate and foreign commerce, as a motor vehicle common carrier of general commodities (with...

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