HEAVY DUTY HAULERS, INC. v. UNITED STATES

Civ. A. No. AC-1618.

293 F.Supp. 879 (1968)

HEAVY DUTY HAULERS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. South Carolina, Columbia Division.

October 25, 1968.


Attorney(s) appearing for the Case

Irvine F. Belser, Jr., Columbia, S. C., Leonard A. Jaskiewicz, J. William Cain, Jr., Washington, D. C., for plaintiff.

Edwin M. Zimmerman, Asst. Atty. Gen., George Edelstein, Dept. of Justice, Washington, D. C., Klyde Robinson, U. S. Atty., for Dist. of of S. C., Columbia, S. C., for United States.

Robert W. Ginnane, Gen. Counsel, I. C. C., Washington, D. C., and Betty Jo Christian, Atty., I. C. C., Washington, D. C., for Interstate Commerce Commission.

Before HAYNSWORTH, Chief Circuit Judge, and HEMPHILL and RUSSELL, District Judges.


HEMPHILL, District Judge.

Plaintiff1 is a common motor vehicle carrier, holding an interstate certificate of public convenience and necessity, No. MC 109430, which authorizes it to transport:

A. Road building machinery and equipment which because of size or weight requires special equipment, Between points in South Carolina, Between points in South Carolina, on the one hand, and, on the other, points...

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