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between Milwaukee and Rockford, Ill.; that applicant is entitled to a permit authorizing continuance of such operations; and that in all other respects the application should be denied.

We further find in No. MC-3027, that applicant was on July 1, 1935, and continuously since that time has been in bona fide operation, in interstate or foreign commerce, as a contract carrier by motor vehicle, over irregular routes, of compressed gases, carbide, and welding supplies and products (1) from Elizabeth, N. J., to Carmel, N. Y., and Waterbury, Conn., and to points in Connecticut, New Jersey and New York within 50 miles of Elizabeth, with empty compressed gas containers in the reverse direction, (2) from Irvington, N. J., to Carmel, N. Y., and Waterbury, Conn., and to points in Connecticut, New Jersey, and New York within 50 miles of Irvington, with empty compressed gas containers in the reverse direction, (3) from Newark, N. J., to Carmel, N. Y., and Waterbury, Conn., and to points in Connecticut, New Jersey and New York within 50 miles of Newark, with empty compressed gas containers in the reverse direction, (4) from points in the Boston commercial zone, as defined in Boston, Mass. Commercial Zone, 31 M. C. C. 405, to points in Rhode Island within 50 miles of such zone, and to Portland, Me., with empty compressed gas containers in the reverse direction, (5) from Philadelphia, Pa., to Baltimore, Md., and Phillipsburg and Atlantic City, N. J., and to points in Delaware, Maryland, and New Jersey, within 50 miles of Philadelphia, with empty compressed gas containers in the reverse direction, (6) from Essington, Pa., Baltimore, Md., and Phillipsburg and Atlantic City, N. J., and to points in Delaware, Maryland, and New Jersey, within 50 miles of Essington, with empty compressed gas containers in the reverse direction, (7) from Elkton, Md., to points in Delaware and Pennsylvania within 50 miles thereof, with empty compressed gas containers in the reverse direction, and (8) between Elkton, Md., Philadelphia and Essington, Pa., on the one hand, and, on the other, Elizabeth, Irvington and Newark, N. J., and (9) between points in the Boston commercial zone, on the one hand, and, on the other, Elkton, Philadelphia, Essington, Elizabeth, Irvington, and Newark; that applicant is entitled to a permit authorizing continuance of such operations; and that in all other respects the application should be denied.

Upon compliance by applicants with the requirements of sections 215 and 218 of the act, and with our rules and regulations thereunder, and with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, appropriate permits will be issued. An order will be entered denying the applications except to the extent granted herein.

PATTERSON, Commissioner, dissenting in part:

Applicants have been engaged in the specialized business of furnishing motor vehicles with or without drivers to shippers for their exclusive use and for the transportation of their property. The facts herein are similar to those in H. B. Church Truck Service Co. Common Carrier Application, 27 M. C. C. 191, and in my opinion limitations similar to those therein should be imposed in the authority in the instant proceedings to correctly reflect the authority to which applicants are entitled. The granting of unrestricted authority as proposed by the majority would also enable applicants to conduct operations in excess of those conducted on the statutory date.

42 M. C. C.

CASES DISPOSED OF BY THE COMMISSION WITHOUT PRINTED REPORT DURING THE TIME COVERED BY THIS VOLUME

COMPLAINTS AGAINST AND INVESTIGATIONS INTO
MOTOR CARRIER RATES AND PRACTICES

BY DIVISION 2, COMMISSIONERS AITCHISON, SPLAWN, AND ALLdredge I. and S. M-2171, PROPORTIONAL RATES FROM MIAMI TO KEY WEST. Decided June 5, 1943. Proposed increased class and commodity rates, between Miami and Key West, Fla., found not shown to be just and reasonable. Cancelation of proposed schedules ordered and proceeding discontinued. Chairman Alldredge concurred in part in a separate expression. Edgar Watkins, Jr., for respondent and Thomas E. Grady for interests in support of respondent. A. H. Nelson and Captain Reid B. Barnes for protestants.

APPLICATION CASES-COMMON AND CONTRACT CARRIERS

BY THE COMMISSION

De

MC-29762, FULTON FAST FREIGHT, INC., COMMON CARRIER APPLICATION. cided September 7, 1943. Upon reconsideration, findings in prior report, 41 M. C. C. 813, modified. General commodities, with exceptions, between certain points in Massachusetts, New Hampshire, and Maine, over regular routes. Application in other respects denied. Commissioners Porter, Miller, Rogers, and Johnson dissented. S. Harrison Kahn for applicant. Other appearances shown in prior report.

MC-73599, SAM BARBERA COMMON CARRIER APPLICATION. Decided September 7, 1943. Certificate granted. On reconsideration, findings in prior report, 41 M. C. C. 831, modified. General commodities, with exceptions, over regular routes, between Reading, Pa., and Baltimore, Md., serving no intermediate points; from Reading to New York, N. Y., serving intermediate and certain off-route points; and from New York to Reading, serving certain intermediate and off-route points. Application denied in other respects. Appearances shown in prior report. MC-83430, ONEIDA MOTOR FREIGHT, Inc., Common CarriER APPLICATION; and MC-83430 (Sub-No. 1), ONEIDA MOTOR FREIGHT, INC., EXTENSION OF OPERATIONS-NEW YORK. Decided September 7, 1943. Upon reconsideration, findings in prior report, 41 M. C. C. 864, modified. Certificate granted for the transportation of general commodities, with exceptions, in MC-83430 between specified points in New York, over regular routes, and in MC-83430 (Sub-No. 1) to certain off-route points in connection with operations authorized in the former. Applications denied in other respects. Commissioners Lee, Alldredge, and Patterson concurred in part, and Commissioner Miller dissented. Appearance shown in prior report. BY DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

MC-2 (Sub-No. 3), TRUCK TRANSPORT, INC., EXTENSION OF OPERATIONS. Decided July 28, 1943. Application for permit to transport specified commodities between various points in Wisconsin, Missouri, Iowa, Kentucky,

Illinois, Ohio, Indiana, Michigan, and Pennsylvania, over irregular routes, denied. C. D. Todd, Jr., Harry C. Ames, and Jesse L. Cook for applicant. Kirkwood Yockey, E. M. Davis, W. J. Guenther, George W. Cowan, Harold J. Harris, H. J. Waples, Ray O. Nurrie, O. J. Norris, H. R. Clauss, and Gilbert A. Siegel for protestants.

MC-126 (Sub-No. 11), HUEY MOTOR EXPRESS EXTENSION OF OPERATIONSHUNTINGTON, W. VA. Decided September 4, 1943. Certificate granted. General commodities, with exceptions, between Catlettsburg, Ky., and Huntington, W. Va., over U. S. Highway 60, serving intermediate points. Application denied in other respects. Harry V. McChesney, Jr., for applicant. Herbert Baker, Jack B. Josselson, J. V. Bailey, and Lawrence Chaffee for protestants.

MC-171, CоHOES TRUCKING CO., INC., COMMON CARRIER APPLICATION; and MC-20492 (Sub-No. 7), F. S. GEORGE & SON, INC., EXTENSION OF OPERATIONS. Decided April 13, 1943. Certificate granted to successor in interest in MC-20492 (Sub-No. 7). Specified commodities between designated points and areas in New York, Connecticut, Rhode Island, Massachusetts, and New Jersey, over irregular routes. Application otherwise denied. Josiah D. Greene for applicant. J. T. Schatt for intervener. Charles A. Halpin and F. X. Masterson for protestants.

MC-182, ROMEO J. LAVIGNE COMMON CARRIER APPLICATION. Decided July 19, 1943. On reconsideration, findings in prior report, 41 M. C. C. 801, modified and certificate granted. General commodities, with exceptions, between Cambridge, Mass., and Berlin, N. H., serving intermediate points between Berlin and Glen, N. H. Application otherwise denied. Appearances shown in prior report. MC-222 (Sub-No. 2), LIBERTY MOTOR FRI IGHT LINES, INCORPORATED, ExTENSION OF OPERATIONS. Divided October 30, 1943. Certificate granted. General commodities, with exceptions, from and to specified points in Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Missouri, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia, over regular routes. Application otherwise denied. Commissioner Patterson dissented in a separate expression. David Axelrod and Edward F. Bowes for applicant. Noel F. George, Glenn F. Morgar, Bernard N. Gingerich, Charles W. Reider, Joseph P. Mead, James T. O'Day, Robert W. Brunow, Joseph H. Edwin, Charles A. Halpin, H. Z. Maxwell, Grover R. James, Maynard M. Lund, Harvey C. Young, Milton C. Harris, K. F. Clardy, J. Aiden Conners, Harris J. Klein, E. J. Shover, Jerome D. Fenton, W. P. Downey, and William Beidermar for protestants.

MC-292 (Sub-No. 3), KINGS VAN & STORAGE, INC., EXTENSION OF OPERATIONS. Decided May 12, 1943. Certificate granted. Household goods, over irregular routes, between points in Oklahoma, Texas, Kansas, Illinois, Alabama, Arkansas, North Carolina, South Carolina, Colorado, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, New Mexico, Ohio, Tennessee, Georgia, and Florida. Application otherwise denied. Commissioner Lee was necessarily absent and did not participate. Walker C. Hay and Leonard E. Roach for applicant. Eugene X. Murphy, Leo P. Kitchen, and George W. Wiederspan for protestants.

MC-339 (Sub-No. 1), LINCOLN MOVERS, INC., EXTENSION OF OPERATIONS. Decided March 22, 1943. On reconsideration, findings in prior report, 41 M. C. C. 801, modified and additional authority as a common carrier granted. Households goods, between points in Washington, Oregon, and California, over irregular routes. Application otherwise denied. Appearances shown in prior report.

MC-504, LOUIS PATZ COMMON CARRIER APPLICATION; and MC-504 (Sub-No. 1), LOUIS PATZ COMMON CARRIER APPLICATION. Decided August 11, 1943. Certificate granted in MC-504 (Sub-No. 1). Specified commodities, over irreg

ular routes, between points in Georgia, Delaware, the District of Columbia, Indiana, Kentucky, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Virginia, North Carolina, South Carolina, and West Virginia. Application otherwise denied. Application in MC-504, seeking authority as a common carrier of general commodities between points in Delaware, Georgia, Kentucky, Maryland, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia, West Virginia, and the District of Columbia, over irregular routes, denied. Joseph H. Blackshear for applicant. Frank X. Masterson, William H. Delaney, C. H. Noah, and J. D. Lawson for protestants.

MC-638 (Sub-No. 2), J. RUSSELL GAULT EXTENSION OF OPERATIONS. Decided March 9, 1943. On reconsideration, prior report, 22 M. C. C. 817, modified to authorize operations as a common carrier from Warren Township, Macomb County, Mich., in the transportation of the same commodities, in the same manner, to the same destinations, and subject to the same conditions and limitations as specified in the certificate issued in MC-638. Appearances shown in prior report.

MC-682 (Sub-No. 2), L. R. BURNHAM EXTENSION OF OPERATIONS-VARIOUS STATES. Decided September 4, 1943. Certificate granted. Household goods, between points in Delaware, New Hampshire, and West Virginia, and between points in those States, on the one hand, and, on the other, points in Georgia, Florida, Mississippi, Maryland, Virginia, Ohio, Pennsylvania, New Jersey, New York, Connecticut, Indiana, Nebraska, Rhode Island, Maine, Vermont, Louisiana, Alabama, Tennessee, South Carolina, North Carolina, Kentucky, Massachusetts, Illinois, Michigan, Oklahoma, Missouri, Arkansas, Kansas, Texas, and the District of Columbia; and between points in Georgia, on the one hand, and points in Minnesota, Wisconsin, and Iowa, on the other, over irregular routes. Application otherwise denied. Leo P. Kitchen for applicant. Perry R. Moore, Ferris B. Martin, Melvin Bekins, Willis A. Erasmus, and Henry Thorson for protestants.

MC-691 (Sub-No. 2), Comet MOTOR EXPRESS CO., EXTENSION OF OPERATIONS. Decided April 7, 1943. Application for certificate to transport general commodities, over a specified route, between Denver and Craig, Colo., serving certain intermediate and off-route points, denied. Commissioner Lee dissented in a a separate expression. Worth Allen and Lowell White for applicant. Truman A. Stockton, Jr., J. H. Shepherd, F. J. Toner, F. J. Melia, T. A. White, A. J. Fregeau, Sylvester C. Horn, Marion F. Jones, and Sam D. Thurman for protestants. MC-730 (Sub-No. 3). See MC-75646, infra.

MC-903 (Sub-No. 6). See MC-75344 (Sub-No. 1), infra.
MC-906 (Sub-No. 11). See MC-22305, infra.

MC-954 (Sub-No. 2), MID-STATES FREIGHT LINES, INC., COMMON CARRIER APPLICATION (formerly MC-35824, WALTER A. EVANS COMMON CARRIER APPLICATION). Decided May 22, 1943. Application for certificate to transport general commodities, over specified routes, between Chicago, Ill., and certain points in Missouri and Kansas, denied. Commissioner Lee was necessarily absent and did not participate. Eugene L. Cohn for applicant. Fred J. McManus, C. R. Morrow, and Lee Reeder for protestants.

MC-954 (Sub-No. 3), MID-STATES FREIGHT LINES, INC., COMMON CARRIER APPLICATION (formerly MC-9681, EVANS TRUCK LINES, INC., COMMON CARRIER APPLICATION). Decided September 14, 1943. On reconsideration, findings in prior report, 34 M. C. C. 807, modified, and certificate granted. General commodities, with exceptions, between specified points in Connecticut, Illinois, Indiana, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and Rhode

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