JONES MOTOR CO. v. UNITED STATES

Civ. A. No. 32629.

218 F.Supp. 133 (1963)

JONES MOTOR CO., Inc. v. The UNITED STATES of America and The Interstate Commerce Commission.

United States District Court E. D. Pennsylvania.

June 4, 1963.


Attorney(s) appearing for the Case

Roland Rice, Rice, Carpenter & Carraway, Washington, D. C., William J. Wilcox, Allentown, Pa., Christian V. Graf, Harrisburg, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., by Graeme Murdoch, Asst. U. S. Atty., for United States.

Robert W. Ginnane, General Counsel, by H. Neil Garson, Associate General Counsel, for Interstate Commerce Commission.

Robert H. Young, Morgan, Lewis & Bockius, Philadelphia, Pa., for intervening defendants Highway Express Lines, Inc., and Modern Transfer Co., Inc.

William A. Goichman, Philadelphia, Pa., for intervening defendant Pennsylvania Public Utility Commission.

Before GANEY, Circuit Judge, and WOOD and JOSEPH S. LORD, III, District Judges.


WOOD, District Judge.

Plaintiff, an interstate motor carrier certificated by the Interstate Commerce Commission, but without a certificate granted by the Pennsylvania Public Utility Commission, covering the specific operation in question, commingled 22 Pennsylvania shipments with 108 other shipments, admittedly interstate in character, and transported these 130 shipments over routes through the State of New Jersey.

On May 1, 2 and 24, and June 28, 1957, these...

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