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restrict here, the territory within which applicant may originate special or chartered parties to points on its regular route.

In MacKenzie Coach Lines, Inc., Common Carrier Application, 27 M. C. C. 224, we held that since the right to transport special or chartered parties is incidental to the holding by an applicant of a certificate authorizing transportation of passengers over regular routes and between fixed termini, no special finding with respect to such charter service is necessary. However, such special or chartered parties must originate, or be received by such applicant from other carriers, at points on its authorized routes. This restriction is to be deemed a special rule for the purposes of this proceeding and to be subject to appropriate modifications upon the promulgation by us of general rules and regulations governing the transportation of special or chartered parties.

Findings. We find, in No. MC-61598 (Sub-No. 6), that the present and future public convenience and necessity require operation by Smoky Mountain Stages, Inc., as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express and newspapers in the same vehicle with passengers, between Sylva, N. C., and York, S. C., via Greenville, S. C., over a route from Sylva over North Carolina Highway 107 to Cashiers, N. C., thence over U. S. Highway 64 to Highlands, N. C., thence over North Carolina Highway 28 to the North Carolina-Georgia State line, thence over Georgia Highway 28 to the Georgia-South Carolina State line, thence over South Carolina Highway 28 to Walhalla, S. C., thence over South Carolina Highway 183 to Pickens, S. C., thence over unnumbered highways to Greenville, S. C., thence over unnumbered highways via Batesville and Pelham, S. C., to a junction with South Carolina Highway 101, thence over South Carolina Highway 101 to Woodruff, S. C., thence over U. S. Highway 221 to Enoree, S. C., thence over South Carolina Highway 92 to Union, S. C., thence over South Carolina Highway 91 to Sharon, S. C., and thence over South Carolina Highway 5 to York, and return over the same route, serving all intermediate points; that it should be authorized to transport mail in the same vehicle with passengers; that it is fit, willing, and able properly to perform such service and to conform to the provisions of the act and our rules and regulations thereunder; and that an appropriate certificate should be granted. Such certificate shall not be construed as duplicating any authority heretofore granted Smoky Mountain Stages, Inc.

We find, in No. MC-17820 (Sub-No. 6), that the present and future public convenience and necessity require operation by Hamish Turner, doing business as Carolina Stages, as a common carrier by

motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express and newspapers in the same vehicle with passengers, between Greenville, S. C., and York, S. C., over the route and between the points described above, serving all intermediate points; that he should be authorized to transport mail in the same vehicle with passengers; that he is fit, willing and able properly to perform such service and to conform to the provisions of the act and our rules and regulations thereunder; and that an appropriate certificate should be granted authorizing such operation.

Upon compliance by applicants with the requirements of sections 215 and 217 of the act and with our rules and regulations thereunder, appropriate certificates will be issued.

COMMISSIONER LEE was necessarily absent and did not participate in the disposition of these proceedings.

28 M. C. C.

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

APPLICATION CASES-COMMON AND CONTRACT CARRIERS

BY DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

MC-126 (Sub-No. 3), HUEY MOTOR EXPRESS EXTENSION OF OPERATIONSCATLETTSBURG. Decided March 7, 1941. Certificate granted. General commodities with certain exceptions, between Lexington and Catlettsburg, Ky., over specified routes, serving designated intermediate and off-route points. Application denied in other respects. H. V. McChesney, Jr., for applicant. Jack B. Josselson, J. E. Murphy, and R. T. Wilson for protestants.

MC-165 (Sub-No. 2), L. E. MATHEWS EXTENSION OF OPERATIONS-KANSAS. Decided April 15, 1941. Application for certificate denied. Petroleum and petroleum products between points in Kansas and a described area in Nebraska, over irregular routes, or between Topeka, Kans., and Omaha, Nebr., over regular routes. Robert E. Powell and Kenneth S. Wherry for applicant. George W. Pillars, Jr., T. J. Kiesselbach, B. C. Brile, Mabel C. Herman, R. L. Hafer, and Guy C. Chambers for protestants.

MC-190 (Sub-No. 3), CLAYTON PETERSEN EXTENSION OF OPERATIONS— YANKTON, S. DAK. Decided March 25, 1941. Certificate granted. Petroleum products, in bulk, in tank trucks, from refining and distributing points in Kansas to Yankton, S. Dak., over irregular routes. C. Austin Sutherland for applicant. P. F. Gault, S. E. Gregory, O. H. Timm, Carson L. Taylor, R. L. Hafer, A. L. Janes, and Russell B. James for protestants.

MC-200 (Sub-No. 11), RISS & COMPANY, INC., EXTENSION OF OPERATIONS— LAKE CITY AND WELDON SPRINGS, MO. Decided May 20, 1941. Certificate granted. General commodities with certain exceptions, between Kansas City and Lake City, Mo., and points within 2 miles of Lake City and also between St. Louis, Mo., and Weldon Springs, Mo., and points within 2 miles thereof, over regular routes. Application denied in other respects. Harold C. Duncan and John E. McCullough for applicant. George W. Holmes and John P. Ganley for protestants.

MC-394 (Sub-No. 1), WILMER ALBERT LUTZ EXTENSION OF OPERATIONS— MEAT AND PACKING HOUSE PRODUCTS. Decided April 25, 1941. Certificate granted. Meat and packing-house products, from Bucyrus and Crestline, Ohio, to points in specified Ohio counties, over irregular routes. Commissioner Lee concurred in part. J. D. Sears for applicant.

MC-565, CONSOLIDATED SHIPPERS, INC., COMMON CARRIER APPLICATION. Decided April 26, 1941. Certificate granted. General commodities with certain exceptions, between Los Angeles, Calif., and Boulder City, Nev., over regular routes, with service to intermediate points. Commissioner Lee concurred. Application denied in other respects. Hugh Gordon for applicant. Fred N. Bigelow, E. L. H. Bissi 'Award Stern, Edward C. Renwick, Arthur H. Glanz,

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MC-673 (Sub-No. 1), HENRY G. WILLIAMSON EXTENSION OF OPERATIONS— COPPER AND BRASS. Decided April 15, 1941. Application for certificate denied. Sheet copper and sheet brass, from Springdale, Conn., to Schenectady, N. Y., Providence, R. I., and Bloomfield, N. J., and scrap copper and scrap brass on return, over designated routes. Commissioner Lee dissented. Paul J. Goldstein

for applicant. protestants.

W. A. Melander, Morton Weiss, and William J. McChristle for

MC-869 (Sub-No. 1), SIGNAL HARBOR SERVICE, INC., EXTENSION OF OPERATIONS-PORT HUENEME; MC-101589 (Sub-No. 1), WOOD TRUCK LINES COMMON CARRIER APPLICATION. Decided April 22, 1941. Applications for certificates denied. General commodities, with certain exceptions, between Port Hueneme, Calif., on the one hand, and specified points in California, on the other, over irregular routes. Wallace L. Ware and Edward M. Berol for applicants. Wallace K. Downey, Fred N. Bigelow, Willard S. Johnson, and William Meinhold for protestants. Arlo D. Poe and Philip Jacobson for interveners.

MC-877, F. H. DUTTWEILER COMMON CARRIER APPLICATION. Decided April 17, 1941. Certificate granted. Passengers and their baggage, in one-way and round-trip charter operations, between New York, N. Y., and points in Connecticut, the District of Columbia, Indiana, Illinois, Maryland, Michigan, Missouri, New Jersey, New York, Ohio, and Pennsylvania. Application in other respects denied. Robert M. Davitt for applicant. Henry P. Goldstein, Grover R.

James, and Eugene S. Borut for protestants.

MC-931 (Sub-No. 1), FALLS CITIES TRANSFER COMPANY, INCORPORATED, EXTENSION OF OPERATIONS INDIANA. Decided April 8, 1941. Certificate granted. General commodities, with certain exceptions, between points in Kentucky within 10 miles of Louisville, on the one hand, and named places in Indiana, on the other, over irregular routes. Application denied in other respects. Robert W. Loser for applicant. Ralph M. Buzek for protestants.

MC-1014 (Sub-No. 2), FORREST E. MILLER EXTENSION OF OPERATIONSKENTUCKY. Decided April 17, 1941. Certificate granted. General commodities, with certain exceptions, and new furniture, between named points in Kentucky, over specified routes. Application denied in other respects. James W. Wrape for applicant. Chas. E. Banks, Joe S. Thompson, and E. D. Mohr for protestants.

MC-1282 (Sub-No. 1), P. D. CLARKSON EXTENSION OF OPERATIONS SNOW LAKE. Decided May 15, 1941. Certificate granted. General commodities with certain exceptions, between Helena and Old Town, Ark., over Arkansas Highway 20, serving all intermediate points. Application in other respects denied. James W. Wrape for applicant. V. H. Livingston, B. C. Brile, and F. E. Potts for protestants.

Decided April 15,

MC-1632, CHAS. C. ROSEN Common CarrieR APPLICATION. 1941. Certificate granted. Specified commodities between described points in Pennsylvania, Ohio, and West Virginia, over irregular routes. Application in other respects denied. John M. Walker for applicant. L. R. Geiger, D. L. Bennett, Paul J. Coughlin, Paul J. Hergenroeder, and Bernard N. Gingerich for protestants. MC-1904 (Sub-No. 2), GIUSSEPPE LORENZETTI EXTENSION OF OPERATIONSTEXTILE MACHINERY AND HOUSEHOLD GOODS. Decided March 27, 1941. Certificate granted. Textile machinery and household goods, between named points in Connecticut, on the one hand, and points in Massachusetts, Rhode Island, Connecticut, Vermont, and New York, on the other, over irregular routes. Application denied in other respects. Arthur M. Marshall for applicant. W. A. Melander and Charles C. Williams for protestants.

MC-2058, HIPP & CRESS CONTRACT CARRIER APPLICATION. Decided May 12, 1941. Certificate granted. New automobiles and trucks, by the drive-away and truck-away methods, from Detroit, Mich., to named points in North Carolina, over irregular routes. Application denied in other respects. Commissiner Lee concurred in part. Robert N. Burchmore and Kenneth W. Munsert for applicants and certain interveners. A. R. Eldred, R. S. Cooper, and G. M. Nolen for other interveners.

MC-2420, J. W. TURNMIRE COMMON CARRIER APPLICATION. Decided May 29, 1941. Certificate granted. Specified commodities, from and to certain points in North Carolina, Virginia, Maryland, Pennsylvania, New Jersey, New York, and the District of Columbia, over irregular routes. Application denied in other respects. Commissioner Lee dissented. Thaxton Richardson and L. H. Wall for applicant. J. D. Lawson and George M. Nolen for protestants.

MC-2579 (Sub-No. 2), ALPHONSE SCARIANO CONTRACT CARRIER APPLICATION. Decided March 29, 1941. Application for permit denied. General commodities, between New Orleans, La., and Kreole, Miss., over a specified route. Walter B. Hamlin for applicant. N. P. Phillips for protestant.

MC-2866 (Sub-No. 1), EDWARDS MOTOR TRANSIT COMPANY EXTENSION OF OPERATIONS-HAZLETON. Decided May 15, 1941. Certificate granted. Passengers and their baggage, and express, mail, and newspapers in the same vehicle, between Shenandoah and the junction of U. S. Highways 209 and 309, Pa., over specified routes, with service to intermediate points. Gilbert Nurick for applicant. E. S. Shreve, A. G. Hardy, and H. W. Neifert for protestants. James E. Riely for intervener.

MC-3279 (Sub-No. 2), DONATA MARINE EXTENSION OF OPERATIONS-NEW JERSEY. Decided May 31, 1941. Application for certificate denied. Specified commodities, between certain points in Maryland, New Jersey, Delaware, Pennsylvania, and New York, over regular routes. Commissioner Lee did not partipate. S. Harrison Kahn for applicant. John L. Norris, Joseph H. Flagler, Bernard M. Gingerich, and Isadore N. Schwartz for protestants.

MC-3468 (Sub-No. 3), F. J. BOUTELL DRIVEAWAY COMPANY, INC., EXTENSION OF OPERATIONS— -NEW ENGLAND. Decided April 14, 1941. Certificate granted. Automobiles and related commodities, in initial and secondary movements, between certain points in Michigan, Connecticut, Vermont, Rhode Island, New Hampshire, and Maine, over irregular routes. Application denied in other respects. George S. Dixon for applicant. James G. Lane and William Gordon for protestants.

TON.

MC-3719 (Sub-No. 2), H. W. MAGEE EXTENSION of Operations—WasHINGDecided May 16, 1941. On reconsideration, findings in prior report, 24 M. C. C. 828, modified to authorize the transportation of solidified carbon dioxide, from Klickitat Springs to other points in Washington within a described territory, over regular and irregular routes. Appearances shown in prior report.

MC-4050 (Sub-No. 1), LAUBENTHAL TRUCKING, INC., EXTENSION OF OPERATIONS INDIANA, KENTUCKY, AND TENNESSEE. Decided May 31, 1941. Application for permit denied. Specified rubber products, shoe lasts, and nails, between certain points in Ohio, Kentucky, and Tennessee, over irregular routes. Commissioner Lee did not participate. G. H. Dilla for applicant. Paul J. Hergenroeder, Clarence A. Kelley, Ralph M. Buzek, W. L. Grubbs, Joe S. Thompson, Charles E. Banks, and Philip S. Peyser for protestants.

MC-5696 (Sub-No. 1), GEORGE J. Bassetti aND ARTHUR LAWSON EXTENSION OF OPERATIONS-MASSACHUSETTS. Decided May 16, 1941. Permit granted. Fuel oil, in bulk, in tank trucks, from New Haven, Conn., to designated places in Massachusetts, over irregular routes. Walter W. Walsh for applicants. William L. Barnett and Arthur M. Marshall for protestants.

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