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I.C.C. v. AAA CON DRIVERS EXCHANGE, INC.

No. 267, Docket 29266.

340 F.2d 820 (1965)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellant, v. AAA CON DRIVERS EXCHANGE, INC., Irving Zola and Helen Zola, and AAA Con Drivers Exchange-L. A., Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 20, 1965.

Attorney(s) appearing for the Case

Seymour Glanzer, New York City (Bernard A. Gould, Washington, D. C.; Arthur L. Tepper, New York City), for plaintiff-appellant.

Harold Harper, New York City (Harper & Matthews, New York City, Vincent P. Uihlein, New York City, of counsel), for defendants-appellees.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge:

AAA Con Drivers Exchange, Inc. operates what it asserts to be an employment agency bringing together the owners of automobiles who want them driven from one part of the country to another and persons who want to drive them in order to get a cheap trip. The Interstate Commerce Commission considers the operation to be a common carrier transportation service, unlawful because not certificated under the Motor Carrier Act. Judge Bryan, in the District...

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