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No. MC-47603 (SUB-No. 1)

J. W. PROPST, JR., INCORPORATED, EXTENSION OF OPERATIONS-GALAX, VA.

Decided July 11, 1938

Public convenience and necessity found to require operation by applicant, in interstate or foreign commerce, as a common carrier by motor vehicle, of new automobiles, from Galax, Va., to points in North Carolina and South Carolina, over irregular routes. Certificate granted.

J. W. Propst, Jr., for applicant.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5:

On June 21, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 196, were served on the parties. No exceptions to the order have been filed, and, not having been stayed or postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 196, COMPOSED OF R. O. SELF OF NORTH CAROLINA, JOHN C. CONEY OF SOUTH CAROLINA, AND H. LESTER HOOKER OF VIRGINIA

By application filed February 7, 1938, J. W. Propst, Jr., Incorporated, of Concord, N. C., seeks authority to extend its operation as a common carrier by motor vehicle, in interstate or foreign commerce, of new automobiles, from Galax, Va., to points in North Carolina and South Carolina, over irregular routes. No protest against the granting of the application has been filed.

It appearing, upon the investigation of the matters involved in the application, that no hearing in respect thereof might be necessary, the application was referred to joint board No. 196 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

Applicant is at present engaged, among other things, in the transportation of new automobiles and new trucks from Detroit, Mich., to points in North Carolina and South Carolina, over irregular routes. These operations are conducted under authority of its application in

Docket No. MC-47603, filed under the "grandfather" clause of section 206 (a) of the act. The Commission has authorized issuance of a certificate in the "grandfather" application upon applicant's compliance with certain requirements set forth therein.

Applicant now proposes to extend its present operation by transporting new automobiles from Galax to points in North Carolina and South Carolina. Automobiles will be shipped from Detroit to Galax by rail. At Galax applicant has available a loading lot for its convoys and an unloading dock. Applicant has received numerous requests to render the type of service proposed herein from many of its present customers in North Carolina and South Carolina for whom it has transported automobiles direct from Detroit. In addition thereto other dealers and consignees located in these States have likewise solicited applicant for this type of service. It is asserted that if applicant be granted the extension requested herein it will be able to meet the demands of those who have solicited its services. Applicant has had several years experience in the transportation of automobiles by motor vehicle and is fully equipped to perform the service proposed herein. Its equipment consists of 12 tractors, 1 truck, and 13 trailers, specially constructed for the transportation of automobiles. Applicant appears financially and otherwise fit and able to carry on the proposed service.

The joint board finds that public convenience and necessity require the service proposed by applicant; that applicant is fit, willing, and able properly to perform the proposed service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted.

It is recommended that the appended order be entered.

9 M. C. C.

No. MC-50496 1

1

CLAUDE MINALDI COMMON CARRIER APPLICATION

Decided July 11, 1938

Operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of used household goods, between New York, N. Y., on the one hand, and points in Monmouth and Ocean Counties, N. J., on the other hand, over irregular routes, found consistent with the public interest and with the policy declared in section 202 (a) of the act. Certificate granted. Applications in all other respects denied. Claude Minaldi for applicant.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS

BY DIVISION 5:

On June 21, 1938, the following recommended report and a recommended order appended thereto, filed with us by the examiner, were served on the parties. No exceptions to the order have been filed, and, not having been stayed or postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY THE EXAMINER

In No. MC-50496, by application filed April 1, 1936, Claude Minaldi, an individual doing business as Douglas and Sons, of Sea Bright, N. J., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, between New Jersey and New York, over New Jersey Highway 35. In No. MC50497 the above applicant seeks authority to operate as a contract carrier covering the same operations. No protests against granting these applications have been filed.

It appearing, upon investigation of the matters involved in the applications, that no hearing in respect thereof might be necessary, the applications were referred to the examiner for appropriate proceedings in accordance with the provisions of the Motor Carrier Act, 1935.

Applicant's predecessor in interest, Douglas, had been engaged in the moving business for a number of years. His operations were

1 This report also embraces No. MC-50497, Claude Minaldi Contract Carrier Application.

acquired by his daughter, wife of applicant, who has continued these operations to the present time. Originally these operations were quite extensive, but have gradually decreased in volume until at the present time applicant owns and operates only one 1929model truck, which is of the type adapted for use in household movings. He offers his services to the general public, and it is apparent that his status is that of a common carrier as defined in section 203 (a) (14) of the act, and it is so found.

It appears that there is a demand for applicant's services for the transportation of used household goods between New York, N. Y., and points in Monmouth and Ocean Counties, N. J. Since applicant's operations will be confined mostly to city streets and in congested areas, no regular route is necessary.

The examiner finds that public convenience and necessity require operation by applicant, in interstate or foreign commerce, as a common carrier by motor vehicle, of used household goods, between New York, N. Y., on the one hand, and points in Monmouth and Ocean Counties, N. J., on the other hand, over irregular routes; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted. In all other respects the applications should be denied.

It is recommended that the appended order be entered.

9 M. C. C.

No. MC-22697 (SUB-NO. 1)

W. R. DOBSON, JR., EXTENSION OF OPERATIONSCHARLESTON, S. C.-GEORGIA

Decided July 11, 1938

Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of petroleum and petroleum products and of asphalt and roll roofing, in interstate or foreign commerce, from Charleston, S. C., to Swainsboro, Sandersville, Sparta, Washington, Thomson, Waynesboro, and Augusta, Ga., and of empty drums on return trips, over regular routes. Certificate granted.

Roy V. Harris, Henry T. Chance, and John F. Williams for applicant.

L. J. Linane, M. W. Thomas, George M. Nolen, James W. Suggs, and S. J. Jones for protestants.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS

BY DIVISION 5:

On June 10, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 131, were served on the parties. No exceptions to the order were filed, but on June 30, 1938, we postponed to July 11, 1938, the date on which the said order should become the order of the Commission and become effective. Not having been stayed or further postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 131, COMPOSED OF JAMES A. PERRY OF GEORGIA AND JOHN C. CONEY OF SOUTH CAROLINA

By application filed February 15, 1938, as amended, W. R. Dobson, Jr., doing business as W. R. Dobson, Jr., Truck Line, of Augusta, Ga., seeks a certificate of public convenience and necessity authorizing extension of operations as a common carrier by motor vehicle, of petroleum and petroleum products and of asphalt and roll roofing, in interstate or foreign commerce, from Charleston, S. C., to Swainsboro, Sandersville, Sparta, Washington, Thomson, Waynesboro, and Augusta, Ga., and of empty drums on return trips, over the following regular routes:

Charleston, S. C., to Augusta, Ga., over U. S. Highway 78; Augusta, Ga., to Waynesboro, Ga., over U. S. Highway 25.

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