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WAYSIDE TRANSP. CO. v. MARCELL'S MOTOR EXPRESS, INC.

No. 5705.

284 F.2d 868 (1960)

WAYSIDE TRANSPORTATION CO., Inc., Plaintiff, Appellant, v. MARCELL'S MOTOR EXPRESS, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

December 15, 1960.

Attorney(s) appearing for the Case

Francis C. Reynolds, Everett, Mass., for appellant.

Norman B. Silk, Boston, Mass., with whom Douglas C. Pierson, Burlington, Vt., Ely, Bartlett, Brown & Proctor, Boston, Mass., and Black, Wilson & Hoff, Burlington, Vt., were on brief, for appellee.

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

WOODBURY, Chief Judge.

The plaintiff-appellant, Wayside Transportation Company, Inc., a Massachusetts corporation, is a common carrier by truck engaged in the business of picking up and delivering freight in Massachusetts. It operates intrastate under a local license and has rights conferred by the Interstate Commerce Commission to transport interstate freight only from point to point within Massachusetts. The defendant-appellee, Marcell's Motor Express, Inc., is...

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