Toronto Greyhound Lines, Ltd.: Certain operating rights of Canadian Grey-
hound Lines, Ltd., authorized. Greyhound Corp.-Control-Toronto Grey-
hound Lines, 599.
Transamerican Freight Lines, Inc. (Delaware): Certain operating rights of
Ernest Otander and Co., Inc., authorized on condition. Transamerican Freight
Lines, Inc. (Del.)-Purchase-Ernest Otander and Co., Inc., 544.
Transohio Motor Freight, Inc.: Application to purchase vendor's operating
authority and property, dismissed as applicant, having disposed of its operating
rights in accordance with authority granted in 35 M. C. C. 801, and of its equip-
ment by sale subsequent thereto, was no longer a motor carrier. Transohio Motor
Freight, Inc.-Purchase—Zuhars, 749.
Transport Corp. of Virginia: Operating rights of Eric F. Kreidt, authorized on
condition. Transport Corp. of Virginia-Purchase-Kreidt, 536.
T. S. C. Motor Freight Lines, Inc.: Common-carrier operating rights and prop-
erty of Merchants' Fast Freight Service, Inc., and certain operating rights of
Rebecca-Fabacher, Inc., authorized on condition, but authority to purchase
Merchants' potential rights to operate between Alexandria and Shreveport, La.,
over U. S. Highway 71, denied upon failure to prove that such rights had been
exercised by vendor. T. S. C. Motor Freight Lines, Inc.-Purchase-Merchants'
Fast Freight Service, Inc., 238 (238, 240).
Tyrrell, C. L.: Certain operating rights of H. L. Johnson, authorized. Tyrrell-
Purchase Johnson, 184.
United Transports, Inc. (Delaware): Operating rights of W. O. Hawkins,
authorized on condition. United Transports, Inc. (Delaware)—Purchase-Hawk-
ins, 82.
United Truck Lines, Inc.: Certain operating rights and property of Beardmore
Transfer Lines, Inc., authorized on conditions. United Truck Lines, Inc.-
Purchase-Beardmore Transfer Line, Inc., 705.
Valley Motor Lines, Inc.: Certain operating rights of Sacramento-Corning
Freight Lines, Ltd., authorized on condition. Valley Motor Lines, Inc.-Pur-
chase-Sacramento-Corning Freight Lines, Ltd., 344.
Operating rights and property of E. A. DeRuchia, authorized on condition.
Valley Motor Lines, Inc.-Purchase-DeRuchia, 789.
Vance Trucking Co., Inc.: Operating rights of J. H. Early, authorized on condi-
tion. Vance Trucking Co., Inc.-Purchase-Early, 575.
Viking Freight Co.: Operating rights and property of Fruit Belt System, Inc.,
authorized. Viking Freight Co.-Purchase-Fruit Belt System, Inc., 145.
Washington Motor Coach Co., Inc.: Certain operating rights of Auto Inter-
urban Co., authorized on conditions. Washington Motor Coach Co., Inc.-
Purchase-Auto Interurban Co., 627.
Watt, Robert A. and William H.: Operating rights and property of Pilgrim
Motor Service, Inc., authorized on condition. Watt-Purchase-Pilgrim Motor
Service, Inc., 755.
Weimaster, Meryl E.: Application for authority to purchase operating rights of
Earl Weimaster, dismissed upon denial in its entirety by the Commission of
"grandfather" application of its controlled carrier, Metro Motor Freight, Inc.
As applicant was not a motor carrier and no longer in control of a motor carrier
within the meaning of sec. 213, proposed purchase of vendor's properties, there-
fore, was not a matter requiring approval under sec. 213. Weimaster-Pur-
chase-Weimaster, 347.
Wheeler Transp. Co.: Findings in prior report, 25 M. C. C. 599, authorizing
purchase of operating rights of vendor between Madison and Stevens Point, Wis.,
on condition that rights transferred should contain no service restriction with
respect to Portage, Wis., modified by excluding therefrom, in accordance with
amended purchase-and-sale agreement, all right to render service from and to,
or to interchange traffic at, that point. Wheeler Transp. Co.-Yellow Truck
Lines, Inc., 275.
Whitney, A. M.: Operating rights and property of Dorothy Y. Burch and cer-
tain operating rights and property of Newbold Transp. Co., authorized on condi-
tion. Whitney-Purchase-Burch, 779.
Wilson Storage & Transfer Co.: Certain operating rights and property of Black
Hills Transp. Co., authorized, but application to purchase alleged operating
rights of Florence B. Young, acquired as agent of Black Hills, dismissed as she
had no lawful right to operate in interstate or foreign commerce which may be the
subject matter of purchase under sec. 213. Wilson Storage & Transfer Co-
Purchase-Black Hills Transp. Co., 67.
Operating rights and property of Flamming Motor Exp., Inc., and Wilson
Transp. Co., authorized on conditions. Wilson Storage & Transfer Co.-Pur-
chase Flamming Motor Exp., Inc., 231.
Findings in prior report, 35 M. C. C. 231, approving purchase of operating
rights and property of Flamming Motor Exp., Inc., modified to eliminate the
irregular-route operations purchased by Flamming from Van Derhule Transfer
& Storage. Wilson Storage & Transfer Co.-Purchase-Flamming Motor Exp.,
Inc., 689.
Wolverine Exp., Inc.: Operating rights of N. R. Green Trucking Co., author-
ized on condition. Wolverine Exp., Inc.-Purchase-N. R. Green Trucking
Co., 389.
Yellow Cab Transit Co. (Oklahoma): Operating rights and property of Frank L.
Holsapple, authorized on condition. Yellow Cab Transit Co. (Oklahoma) —
Purchase Holsapple, 208.
Yellow Truck Lines, Inc.: Operating rights of F & H Truck Lines, Inc., author-
ized on condition. Yellow Truck Lines, Inc.-Purchase-F & H Truck Lines,
Inc., 773.
Yreka Western R. Co., O. G. Steele, Receiver: Purchase of operating rights and
property of Leonard H. Ayres, authorized on condition. Yreka W. R. Co.-
Purchase Ayres, 337.
Zabarsky, Milton J. and Harry D.: Operating rights and property of Harrison
Edward Smith, authorized on condition. Zabarsky-Purchase-Smith, 259.
Rail-and-Motor: See RAIL-AND-MOTOR (PURCHASE).
Stock, Acquisition of Control: See CONSOLIDATION AND CONTROL (IN GEN-
ERAL) (ACQUISITION OF CONTROL THROUGH STOCK OWNERSHIP OR LEASE).
Without Authority: See VIOLATION OF ACT.
RAIL-AND-MOTOR. See also AFFILIATED COMPANIES.
In General: The Cincinnati, N. & C. Ry. Co., was found not to be a carrier
as defined in sec. 1 (3) of part I of the act, in 25 M. C. C. 213. Therefore, the
proviso of sec. 213 was not applicable to the proposed purchase of operating
rights and property of Paul Schwerling by Dixie Traction Co., controlled through
stock ownership by the railway. Dixie Traction Co.-Purchase-Schwerling,
431 (432).
Subsequent to denial of application to acquire control of Peninsula Transit
Corp., prior report 5 M. C. C. 394, applicant's policies have been directed by the
Greyhound Corp. wholly independent of railroad control and influence. There-
fore, at the further hearing, following 25 M. C. C. 109, it was necessary only
that applicant prove that the transaction was consistent with the public interest.
Richmond-Greyhound Lines, Inc.-Control-Peninsula Transit Corp., 555 (556).
Applicant, a subsidiary of Gulf M. & N. R. Co., authorized to purchase route,
duplicating route over which Mobile & O. R. Co., in 23 M. C. C. 845, was author-
ized to operate but which authority it had not exercised and did not propose to
exercise in event of authorization of proposed purchase. In 236 I. C. C. 61, Gulf,
M. & O. R. Co. was authorized to purchase properties of Mobile & O. R. Co.,
and to merge therewith properties of Gulf M. & N. R. Co. Gulf Transport Co.-
Purchase-Crane, 699 (702).
Coordination: In the absence of proof that applicant, affiliated with a railroad,
could use vendor's rights to public advantage in rail auxiliary service, application
was denied. C. W. Motor Lines, Inc.-Purchase-Motor Transport Corp., 103.
Use in rail auxiliary service of short-cut routes by rail and truck service which
results in a saving of mileage and a reduction in transit time has been approved.
Frisco. Transp. Co.-Purchase-Reddish, 132 (134).
Conditions imposed, restricting operations to auxiliary service, involved ex-
clusion of irregular-route service, limitation of service, and interchange of traffic to
rail stations or points not more than 10 highway miles therefrom, with exceptions.
Id. (134-138).
Applicant, controlled by a railway within the meaning of sec. 5 (8) of part I of
the act, was denied authority to purchase operating rights and properties of
vendors where such routes, with the exception of one point, were not in territory
adjacent to the rail line and where applicant did not contemplate coordinating its
operations, or those proposed to be acquired, with the operations of the railway.
Motor Transport Co.-Purchase-F & H Truck Lines, Inc., 163 (164, 167, 168,
169).
Purchase of vendor's operating rights and property by applicant, subsidiary
of a railway company, authorized upon condition that operating authority shall
be modified, coincident with such purchase, by excluding therefrom all irregular-
route operating rights and all rights to render services from and to, or to inter-
change traffic at, any point which is not a station on the railroad if such point
is more than 10 miles by highway from such a station. Frisco Transp. Co.-
Purchase Ozark Truck Lines, Inc., 255 (258).
In application, under sec. 213, by motor-carrier subsidiary of a railroad, to
acquire control of existing motor carrier operating in competition with railroad,
the issue was whether authority sought would enable railroad to use motor-
carrier service to public advantage in its operations and not unduly restrain
competition. The proof requirements of sec. 213 proviso having been met, the
request by protestants, that the motor carrier's operations be restricted to ship-
ments moving under through bill of lading covering prior or subsequent movement
by rail, should not be imposed. The applications cited by protestants, wherein
such restrictions were imposed, were filed under sec. 217 (a) for certificates insti-
tuting new operations wherein the issue was whether the public need required
proposed new service. Pacific Motor Trucking Co.-Control-Pacific Truck
Exp., 353 (358-359).
Imposition of service restrictions on considered routes, connecting with two
stations not more than 10 miles from a station on the Chicago, B. & Q. R. Co.,
three of which were located on Union Pac. R., was found not warranted in con-
nection with authorized purchase of operating rights and property of Freeman
Alverson by applicant, a wholly owned subsidiary of the former railroad. Bur-
lington Transp. Co.-Purchase-Alverson, 401 (404).
Purchase by applicant, a wholly owned subsidiary of the St. Louis S. W. Ry.
Co., Berryman Henwood, trustee, of certain operating rights of Inter-City Truck
Co., authorized with restriction that authority purchased be modified, coincident
with such purchase, by exclusion therefrom of all right to render service from, to,
or interchange traffic at, any point on the considered route which is not a station
on the railroad. Southwestern Transp. Co.-Purchase-Johnson, 437.
In proceeding involving purchase from two vendors, purchase authorized
involved auxiliary service. It was unnecessary to determine the auxiliary nature
of other vendor's service since the application was denied on other grounds.
Id. (444).
Authority granted in the following cases was subject to such limitations or
restrictions as the Commission may find necessary to insure that motor service
shall be auxiliary or supplementary to rail service: Burlington Transp. Co.-
Purchase Alverson, 401 (407); Gulf Transport Co.-Purchase Crane, 699
(702-703).
Control: The following case involves purchase of property and/or operating
rights by railroad owned or controlled carrier: Pacific Motor Trucking Co.-
Control-Pacific Truck Exp., 353 (360).
Extension of Operation by Rail Subsidiary, Effect:-See CONVENIENCE AND
NECESSITY (EXTENSION OF LINE).
Merger: Merger of operating rights and property of Union Pac. Stages of
California, into Interstate Transit Lines (Nebraska), a corporation controlled
through stock ownership by Union Pac. R. Co. and the Chicago & N. W. Ry. Co.,
authorized. Interstate Transit Lines (Nebraska)-Merger, 21.
Merger of Black Hills Transp. Co. into Burlington Transp. Co., a subsidiary of
the Chicago, B. & Q. R. Co., authorized on condition. Black Hills Stages, Inc.-
Purchase Black Hills Transp. Co., 483.
Operation by Railroad-Controlled Carrier:-See (COORDINATION) and (PUR-
CHASE), this heading.
Purchase: Purchase of portion of operating rights of Teche Lines, Inc., by
Gulf Transport Co., a corporation controlled by the Gulf, M. & N. R. Co. (or
Gulf, M. & O. R. Co., if the authority granted in 236 I. C. C. 61 is exercised),
authorized. Gulf Transport Co.-Purchase-Teche Lines, Inc., 74 (77–78).
Applicant, controlled through ownership of its entire outstanding stock by
Milwaukee Electric Ry. & Transport Co., a rail carrier within the meaning of
sec. 1 (3) of part I of the act, in seeking authority to purchase operating rights
and properties of vendors endeavored to avoid the proof requirements of proviso
under sec. 213 (a) (1), by amending its articles of incorporation and trusteeing its
stock under a four-party agreement. Acquisition by applicant's president,
Tiernan, under trust indenture, of 60 percent of applicant's voting stock did not
vest in him complete control or power to exercise control of applicant, in view of
the restrictions placed on holders of voting stock and the powers retained by the
railway, and did not terminate the affiliation between applicant and the railway.
Motor Transport Co.-Purchase-F & H Truck Lines, Inc., 163 (164, 170-172).
Transaction was treated as a purchase when agreement as a whole indicated
that purchase was intended, although condition that contract should terminate
and operating rights be retransferred to vendor if applicant permanently dis-
continued operations over said route, or if service was unsatisfactory in opinion of
receiver of applicant's affiliated railroad company, and when receivership of
railroad affiliate terminated, raised a doubt as to exact nature of transaction.
Southeastern Stages, Inc.-Purchase-Central of Georgia Motor Transport Co.,
203 (205).
The proof requirements applicable to carriers other than motor carriers, under
proviso of sec. 213 (a) (1), were found inapplicable to applicant in 35 M. C. C. 61
and, as applicant's status under the proviso with respect to any possible affiliation
with a carrier by rail remained unchanged, the proposed purchase was approved
upon finding that it was consistent with the public interest. Riss & Co., Inc.-
Purchase-Illmo Trucking Service Co., 571 (572).
The following cases involve purchase of property and/or operating rights by
railroad owned or controlled carriers: Burlington Transp. Co.--Purchase-
Alverson, 401; C. W. Motor Lines, Inc.-Purchase-Motor Transport Corp., 103;
Frisco Transp. Co.-Purchase-Ozark Truck Lines, Inc., 265; Frisco Transp.
Co.-Purchase-Reddish, 132; Gulf Transport Co.-Purchase-Crane, 699;
Hancock Truck Lines, Inc.-Purchase-Motor Freight Corp., 7; Motor Trans-
port Co.-Purchase-F & H Truck Lines, Inc., 163; Southwestern Transp. Co.-
Purchase Johnson, 437; Yreka Western R. Co.-Purchase-Ayers, 337.
Reorganization of Electrically Operated Carrier: Application to purchase
motor-carrier operating rights and property of vendor dismissed as proposed
transaction, growing out of a reorganization of an electrically operated railroad
under part I of the act, is not a matter requiring approval under sec. 213 of part II.
Evansville & O. V. Ry. Co., Inc.-Purchase-Evansville & O. V. Ry. Co., 13.
RAIL-AND-MOTOR SERVICE. See RAIL-AND-MOTOR (COORDINATION).
RAILROAD PURCHASES. See RAIL-AND-MOTOR (PURCHASE).
REGISTRATION.
Convenience and Necessity Certificates: See APPLICATIONS (DISMISSAL);
CONVENIENCE AND NECESSITY (CERTIFICATES); INTRASTATE ROUTES; SAVING
CLAUSES.
REORGANIZATION OF CARRIERS.
Applicant, a new company, organized by certain bondholders of an old company
to take over and operate properties of latter, is not now a motor carrier and would
be controlled by individuals having no interest, directly or indirectly, in any
other carrier. The status of the old company would be terminated upon acqui-
sition of its properties by the noncarrier and at no time would there be but one
corporate entity with properties and rights to conduct motor-carrier operations.
The transaction, therefore, does not involve unification of two or more carriers
through purchase, merger, consolidation, lease, or contract to operate by an exist-
ing rail or motor carrier, or by a person or persons who control or are affiliated
with a carrier and would not result in control or management of two carriers in a
common interest within the meaning of sec. 213 (b) (1). It follows that the trans-
action is a reorganization of the old company of which the transfer of motor-
carrier properties is a part, and approval under sec. 213 is not required. Evans-
ville & O. V. Ry. Co., Inc.-Purchase-Evansville & O. V. Ry. Co., 13 (15-16).
REORGANIZATION OF RAILROADS. See RAIL-AND-MOTOR (REORGAN-
IZATION OF ELECTRICITY OPERATED CARRIER).
RESTRICTED OPERATION.
Agreement of Parties: See AGREEMENTS (OPERATING).
Certificates Specifically "Conditioned," "Limited," or "Restricted" as to
Scope and Type of Service: See CONVENIENCE AND NECESSITY (CERTIFICATES).
Equipment: See EQUIPMENT (SCOPE OF OPERATION LIMITED BY AMOUNT).
Interchange Restricted: See INTERCHANGE.
Scope of Operation as to Coordinated Train-Truck Service by Railroad-
Owned Motor carriers: See RAIL-AND-MOTOR (COORDINATION).
Scope of Operation as to Routes and Points Served:
RESTRICTED ROUTES. See ROUTES (RESTRICTION).
RETIREMENTS AND MATURITIES. See SECURITIES (MATURITIES AND
RETIREMENTS).
RETROACTIVE EFFECT. See ORDERS (RETROACTIVE EFFECT); SECURITIES
(ASSUMPTION OF OBLIGATION AND LIABILITY).
REVOCATION OF CERTIFICATE. See CONVENIENCE AND NECESSITY
(REVOCATION of Certificate).
Abandonment: The question of abandonment of certain operations by Black
Hills Transp. Co. is not properly for determination in sec. 213 proceedings but the
findings are without prejudice to any proceeding which may be instituted under
other sections of the act to determine the effectiveness of the operating rights
|