Elisha P. Parker, doing business as B & P Transfer, opposed the granting of the application.

At the hearing, the application was amended to eliminate a part of the territory in each State covered by irregular-route operations, and thereafter applicant, by written request, further amended the application to exclude all common-carrier rights it might have in respect of operations in the Eastern Shore territory of Virginia, except that portion on and east of U. S. Highway 13 and on and north of Virginia Highway 175 including Oak Hall and Chincoteague Island.

Applicant was incorporated on May 1, 1930, under the laws of Delaware. It was registered in 1934 under a code of fair competition for the trucking industry as a motor carrier in Maryland, Delaware, Pennsylvania, New Jersey, and New York. On June 1, 1935, applicant had 34 trucks, 41 tractors, 10 trailers, and 46 semitrailers in revenue service, of which 64 vehicles were owned by others. In addition, applicant owned and operated 4 motor vessels between Baltimore and the Eastern Shore of Maryland.

Applicant maintains terminals at New York, N. Y., Philadelphia, Pa., Dover, Milford, and Wilmington, Del., and Baltimore, Salisbury, and Cambridge, Md. Prior to June 1, 1935, applicant entered into verbal agreements with several so-called owner-operators for the purpose of utilizing their equipment. The agreements were later reduced to writing. Freight was turned over to them at applicant's terminals for delivery to points beyond, and freight was picked up by them and delivered to applicant's terminals. The evidence is that to the extent operations were performed by the so-called owneroperators, similar operations were also performed by applicant by use of its own equipment. Accordingly, in determining applicant's rights it is unnecessary to determine who was the motor carrier in respect of the operations performed by the so-called owner-operators. As proof of "grandfather" rights between the various points covered by the application, applicant introduced in evidence as exhibits numerous freight bills covering representative shipments made by it since prior to June 1, 1935. These exhibits disclose that on June 1, 1935, and continuously since, applicant has transported general commodities regularly between numerous points in the territory involved except from and to points in Fairfax County, Va., and Norfolk, Va., and points in the vicinity thereof. The evidence is convincing that applicant has established "grandfather" rights to transport general commodities between the points and over the routes described in appendixes A and B attached hereto.

Since the hearing, applicant has gone out of business, and its property has been sold. In response to an application, No. MC-FC-11290,

we approved, on January 28, 1939, the substitution of Byron D. Greene for applicant with respect to any authorizations which may be granted herein applicable to operations between the points as shown in appendix B, and in response to application No. MC-FC11621, we approved on March 21, 1939, the substitution of Victor Lynn Lines, Inc., for applicant with respect to any authorizations which may be granted herein applicable to operations between the points as shown in appendix A.

We find that on June 1, 1935, applicant was, and continuously since that time has been, in bona fide operation as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities, except household goods in use, loose bulk commodities, livestock, explosives (except small-arms ammunition), currency, bullion, articles of virtu, commodities which are contaminating and injurious to lading, and commodities exceeding ordinary equipment and loading facilities, between the points and over the routes described in appendixes A and B hereto; and that certificates of public convenience and necessity authorizing continuance of such operations should be granted to its successors in interest as follows: To Victor Lynn Lines, Inc., authorizing operation between the points and over the routes set forth in appendix A hereto, and to Byron D. Greene, authorizing operation between the points and over the routes set forth in appendix B hereto.

Upon compliance by applicant with the requirements of sections 215 and 217 of the act, and our rules and regulations thereunder, appropriate certificates will be issued. An order will be entered denying the application except to the extent that certificates are granted herein.

APPENDIX A

Routes granted Victor Lynn Lines, Inc.

Route 1, between New York, N. Y., and Chincoteague Island, Va., as follows: From New York to Jersey City, N. J., over any available Hudson River crossing, thence over U. S. Highway 1 to Philadelphia, Pa., thence over U. S. Highway 13 to Dover, Del., thence over U. S. Highway 113 to Milford, Del., thence over unnumbered highway to Greenwood, Del., thence over U. S. Highway 13 to Oak Hall, Va., and thence over Virginia Highway 175 to Chincoteague Island. Alternate highways used in connection with route 1:

Route 1-A, between Laurel and Milford, Del., as follows: From Laurel to Georgetown, Del., over Delaware Highway 28, thence over U. S. Highway 113 to Milford.

Route 1-B, between Greenwood and Dover, Del., over U. S. Highway 13.

Route 1-C, between Hares Corner, Del., and Trenton, N. J. as follows: From Hares Corner to New Castle, Del., over U. S. Highway 40, thence over New Castle ferry to Pennsville, N. J., thence over U. S. Highways 130 and 206 to Trenton.

Route 1-D, between Hares Corner, Del., and New York, N. Y., as follows: From Hares Corner to Pennsville, N. J., over same route as in route 1-C, thence over

U. S. Highway 130 and New Jersey Highway 25 to Jersey City, N. J., and thence over any available Hudson River crossing to New York.

Route 1-E, between Chester, Pa., and New York, N. Y., as follows: From Chester to Bridgeport, N. J., over Chester-Bridgeport ferry, thence over same routes as in routes 1-C and 1-D to New York.

Route 1-F, between Philadelphia, Pa., and New York, N. Y., as follows: From Philadelphia to Camden, N. J., over bridge, thence over same routes as in routes 1-C and 1-D to New York.

Route 1-G, between Philadelphia, Pa., and Trenton, N. J., over U. S. Highway 13.

All intermediate points served on routes 1 and 1-A to 1-G inclusive. Return over same routes.

Irregular routes used between the following points in connection with service over routes 1 and 1-A to 1-G, inclusive: All points on Long Island, N. Y., on and west of a line drawn north and south through Medford; all points in the commercial zone of New York, N. Y., as defined in New York, N. Y., Commercial Zone, 1 M. C. C. 665; and all points in Westchester County, N. Y., within a radius of 6 miles of Mount Vernon; all points in New Jersey within the area bounded on the north by the New York-New Jersey State line from the Hudson River to Suffern, N. Y., and on the west and south by U. S. Highway 202 and New Jersey Highway 28 from Suffern to Somerville, thence New Jersey Highway 28 via Bound Brook to connection with New Jersey Highway $28, thence New Jersey Highway 28 to Old Bridge, and thence an unnumbered highway to South Amboy, including Raritan and Milltown; all points in New Jersey within the area bounded on the north by New Jersey Highway 33 from Princeton to Highstown, on the west by U. S. Highway 206 from Princeton to Trenton, on the east by New' Jersey Highway 25, and U. S. Highway 130 from Highstown to Pennsville; and all points within a radius of 20 miles of Camden; all points in Delaware and Philadelphia Counties in Pennsylvania, all points in Chester and Montgomery Counties in Pennsylvania, within a radius of 20 miles of the City of Philadelphia; and all points in Bucks County, Pa., on and east of Pennsylvania Highway 213; all points in Delaware; all points on the Eastern Shore of Maryland; and all points on the Eastern Shore of Virginia on and north of Virginia Highway 175 and on and east of U. S. Highway 13.

Route 2, between New York, N. Y., and Baltimore, Md., as follows: From New York to Philadelphia and Chester, Pa., and Hares Corner, Del., over same routes as in routes 1 and 1-C to 1-G, inclusive, thence over U. S. Highway 13 to State Road. Del., and thence over U. S. Highway 40 to Baltimore, Md. Alternate highways used in connection with route 2:

Route 2-A, from Philadelphia, Pa., to Baltimore, Md., over U. S. Highway 1. Route 2-B, from Belair, Md., to Aberdeen, Md., over Maryland Highway 22. All intermediate points served on routes 2, 2-A, and 2-B. Return over same routes.

Irregular routes used in serving the following named points in connection with routes 2, 2-A, and 2-B: All points in New York, New Jersey, and Pennsylvania described in the irregular-route operation in connection with route 1; all points in Delaware north of a line drawn east and west throught Fort Dupont; all points in Maryland within the area bounded on the north by the MarylandPennsylvania State line, on the west and south by U. S. Highway 1 and the Patapsco River, and on the east by the Chesapeake Bay, Elk River, and Maryland-Delaware State line; and all points within a radius of 20 miles of Baltimore. Route 3, between Baltimore, Md., and Milford, Del., as follows: From Baltimore over U. S. Highway 40, to Glasgow, Del., thence over Delaware Highway 248723m-vol. 23- -50

71 to Blackbird, Del., thence over U. S. Highway 13 to Dover, Del., and thence over U. S. Highway 113 to Milford.

Route 3-A, alternate route between Baltimore and Milford, as follows: From Baltimore to Love Point, Md., over ferry, thence over Maryland Highways 18 and 404 and Delaware Highways 313 and 14 via Queenstown and Denton, Md., and Harrington, Del., to Milford.

Route 3-B, alternate route between Baltimore and Milford, as follows: From Baltimore to Cambridge, Md., over owned boats, thence over Maryland Highway 16 to Elwood, Md., thence over Maryland Highway 18 and U. S. Highway 13 via Bridgeville, Del., to Greenwood, Del., and thence over unnumbered highway to Milford.

Route 3-C, alternate route between Baltimore and Milford, as follows: From Baltimore to Cambridge over owned boats, thence via Mount Holly, Salem, and Vienna, Md., to Salisbury, Md., over Maryland Highways 16 and 344 and U. S. Highway 213, thence over U. S. Highway 13 to Greenwood and thence over unnumbered highway to Milford.

Route 3-D, alternate route between Baltimore and Milford, as follows: From Baltimore to Salisbury, Md., via Mount Vernon and White House, Md., over Highway 213, thence over U. S. Highway 13 to Greenwood and thence over unnumbered highway to Milford.

All intermediate points served on routes 3, 3-A, 3-B, 3-C, and 3-D. Return over same routes.

Irregular routes used in serving the following named points in connection with routes 3, 3-A, 3-B, 3-C, and 3-D: All points in Delaware and on the Eastern Shore of Maryland; all points on the Eastern Shore of Virginia on and north of Virginia Highway 175 and on and east of U. S. Highway 13, and all points in Maryland described in the irregular-route operations in connection with routes 2, 2-A, and 2-B.

APPENDIX B

Routes granted Byron D. Greene

Between Baltimore, Md., on the one hand, and the District of Columbia, and all points in Maryland within a 15-mile radius thereof, and all points in Maryland, Virginia, and the District of Columbia within the zone defined in Washington, D. C., Commercial Zone, 3 M. C. C. 243, on the other, including service at all points between Baltimore and the District of Columbia, on and within 10 miles of U. S. Highway 1, over irregular routes, and over U. S. Highway 1 between Baltimore and the District of Columbia.

23 M. C. C.

No. MC-521101

BRADY TRANSFER AND STORAGE COMPANY COMMON CARRIER APPLICATION

Submitted June 20, 1939. Decided June 18, 1940

1. Applicant found entitled to continue operations as a common carrier by motor vehicle, of general commodities, with exceptions, between certain points in Connecticut, District of Columbia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, and Wisconsin, over regular and irregular routes, by reason of bona fide operations on June 1, 1935, and continuously since that time. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application denied in all other respects. 2. Certain of applicant's operations in Iowa found to be those of a common carrier as defined in section 203 (a) (14) of the Motor Carrier Act, 1935. Application for a permit, authorizing operations as a contract carrier of general commodities in interstate or foreign commerce between points in Iowa, denied.

3. Applicant's services in certain respects found to be those of a broker as defined in section 203 (a) (18) of the act. Continuance of operations as a broker found not consistent with the public interest and the policy declared in section 202 (a) of the act. Application denied.

4. Public convenience and necessity found to require operations by applicant as a common carrier by motor vehicle, of general commodities, with exceptions, in interstate or foreign commerce, between certain points in Iowa, over regular routes. Issuance of a certificate approved upon compliance by applicant with certain conditions.

Rex H. Fowler, L. M. O'Leary, and W. J. McCarthy for applicant. John Gamble, Harry E. Boe, Weldon A. Dayton, S. E. Gregory, Erwin Larson, A. L. Murphy, C. R. Morrow, Donald P. Barnes, Harold G. Hernley, J. H. Wright, J. P. Kiley, Henry Christianson, A. L. Murphy, C. W. Garfield, Ralph Henninger, Earl J. Zoll, Jr., and J. H. Martin for protestants.

Geo. E. Wiard, J. H. Martin, Emmet Dunley, C. R. Morrow, Charles R. Smith, and Edw. S. Brashears for interveners.

John H. Gillespie and H. C. Marcusen for Iowa State Commerce Commission.

1 This report also embraces No. MC-52111, Brady Transfer and Storage Company Contract Carrier Application; No. MC-49470, Brady Transfer and Storage Company Broker Application; No. MC-52110 (Sub-No. 1), Brady Transfer and Storage Company Extension of Operations-Fort Dodge Loops; and No. MC-52110 (Sub-No. 2), Brady Transfer and Storage Company Extension of Operations-Sioux City-Templeton.