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DEMELLE v. INTERSTATE COMMERCE COMMISSION

No. 4907.

219 F.2d 619 (1955)

Albert J. DEMELLE, d.b.a. Curley's Transportation Company, Defendant, Appellant, v. INTERSTATE COMMERCE COMMISSION, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

February 23, 1955.

Attorney(s) appearing for the Case

Harry C. Ames, Jr., Washington, D. C., with whom Wilfred A. Hay, Portland, Me., was on brief, for appellant.

Herman F. Mueller, Boston, Mass., Attorney, with whom Peter Mills, U. S. Atty., Portland, Me., and A. J. Merrill, Bangor, Attorney, were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal by the defendant, Albert J. Demelle, from a judgment of the United States District Court for the District of Maine entered September 22, 1954, under 49 U.S.C.A. § 322 (b), enjoining the defendant from carrying on interstate motor carrier operations to points in Maine other than those covered by a certificate of public convenience and necessity issued to the defendant by the Interstate Commerce Commission on June 13,...

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