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MONTGOMERY CHARTER SERV., INC. v. WASHINGTON MET. A. T. COM'N

No. 17307.

325 F.2d 230 (1963)

MONTGOMERY CHARTER SERVICE, INC., Petitioner, v. The WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided November 25, 1963.

Attorney(s) appearing for the Case

Mr. Robert J. Stanford, Washington, D. C., with whom Mr. William F. Reed, Washington, D. C., was on the brief, for petitioner.

Mr. Russell W. Cunningham, Gen. Counsel, Washington Metropolitan Area Transit Commission, for respondent.

Before WILBUR K. MILLER, BASTIAN and BURGER, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

On May 18, 1962, the Washington Metropolitan Area Transit Commission1 initiated a proceeding to ascertain whether the operations of Montgomery Charter Service, Inc., were in violation of Section 4(a) of Article XII of Title II of the Compact (74 Stat. 1037) which provides that

"No person shall engage in transportation subject to this Act unless there is in force a certificate of public ...

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