In the proposed report the examiner recommended that, in addition to the acquisition of vendor's regular-route operating authority between Keene and Brattleboro via Winchester, 28 miles, there should also be included in the purchase similar authority of vendor between Keene and Brattleboro via Spofford, 22 miles. Vendor has been serving Brattleboro for a number of years and approximately 60 percent of his revenue is derived from handling traffic moving between that point and Boston. He is of the opinion that if he is permitted to retain only his regular-route operations between Keene and Boston he will be unable to obtain sufficient traffic to maintain that operation. Brattleboro and Keene are the only points which are common to the two routes. Vendee and vendor at present are authorized to serve both points, not only on traffic moving directly between those points but also on traffic moving between those points and Boston. The retention by vendor of the Keene-Spofford-Brattleboro route and the transfer to vendee of the Keene-Winchester-Brattleboro route would result in both operating between Boston and Brattleboro, via Keene, over the direct routes.

If the transaction were approved and consummated as proposed, vendee would have authority to render, in addition to the regularroute service above indicated, an irregular-route general-commodity service between all points authorized to be served by vendor on his regular routes (except points on the Keene-Claremont route), on the one hand, and, on the other, points in the previously described portions of southeastern Vermont and southwestern New Hampshire. This would include irregular-route service to and from points on the Boston-Keene-Brattleboro route retained by vendor as well as to and from those on the regular routes acquired by vendee; and it would include irregular-route service by vendee between certain points which vendee would serve on his retained regular route. In other words, the Boston-Brattleboro route retained by vendor traverses the considered irregular-route territory from the Massachusetts-New Hampshire State line near Fitzwilliam, to Brattleboro; and the proposed division of vendor's operating rights would result in a practical duplication of service, by vendor over regular routes, and by vendee, over irregular routes, between points on the Massachusetts segment of the retained regular route, on the one hand, and the remainder of that route, on the other, and also between points on the New Hampshire and Vermont segments of the route. An additional duplication would result in the transportation of wooden box shop products from East Jaffrey, Keene, and West Swanzey to points in Massachusetts.

In denying the application in Shoe City Exp. Co., Inc.-PurchaseMarshall, 45 M. C. C. 778, we stated that the separation of regular

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route and irregular-route operating rights authorizing service within the same territory should only be permitted upon a showing that the respective operations are readily severable or that separate operations thereunder by two carriers instead of one would be in the public interest. The regular-route and irregular-route operating rights here involved, and which would be separated under the proposal of the parties, overlap to a substantial degree. They were granted as a unit, with the irregular-route rights authorizing the handling of traffic to and from points on the regular routes; and their separation would permit two carriers to serve many of the same points. The evidence of record does not establish that such service by both carriers should be permitted; nor does it show that the operations are readily severable in the manner proposed, and without a substantial revision of the transaction and of the divided rights. Under the facts here present, imposition of conditions requiring such revision does not appear practicable.

We find that the transaction proposed has not been shown to be consistent with the public interest and that the application should be denied.

An appropriate order will be entered.

50 M. C. C.

No. MC-F-3660

W. F. CAREY AND B. B. BEVERIDGE-CONTROL; COMMERCIAL CARRIERS, INC.-PURCHASE (PORTION) — W. CURTIS KEAL

Submitted March 12, 1948. Decided June 24, 1948

Purchase by Commercial Carriers, Inc., of certain operating rights of W. Curtis Keal, doing business as Curtis Keal Transport Company, and acquisition by W. F. Carey and B. B. Beveridge of control of the operating rights through the purchase, approved and authorized, subject to conditions.

Harold G. Hernly for vendee and its stockholders.
Joseph W. Kennedy for vendor.

REPORT OF THE COMMISSION

DIVISION 4, COMMISSIONERS MAHAFFIE, MILLER, AND MITCHELL BY DIVISION 4:

Commercial Carriers, Inc., of Detroit, Mich., herein called Commercial, and W. Curtis Keal, doing business as Curtis Keal Transport Company, of Cleveland, Ohio, by a joint application filed January 14, 1948, seek authority under section 5 of the Interstate Commerce Act for the purchase by Commercial of certain operating rights of Keal for $14,000. By supplemental applications filed the same date, W. F. Carey and B. B. Beveridge, both of Detroit, who control Commercial through ownership, in equal amounts, of all its outstanding capital stock, seek authority under the same section to acquire control of the operating rights through the proposed purchase. Hearing has been held, at which the parties agreed to the omission of an examiner's proposed report. Commercial operates more than 20 motor vehicles.

Commercial's corporate history and affiliations are described in Commercial Carriers, Inc.-Lease-Motorcar Transport Co., 45 M. C. C. 325. Pursuant to a certificate issued September 24, 1947, in No. MC43038, it operates in interstate or foreign commerce over irregular routes as a motor common carrier principally of motor vehicles and related commodities in both drive-away and truck-away service, in initial movements from several origin points to points in numerous States and in secondary-movement service from and to points in the same general territory. Its authority embraces, among others, operations in drive-away and truck-away service in initial movements (a)

from places of manufactuer and assembly in Detroit and Warren Township, Macomb County, Mich., principally to points in Alabama, Georgia, Illinois, Indiana, Kentucky, Michigan, Ohio, and Tennessee, except that no drive-away service is authorized to points in Illinois, and (b) from places of manufacture and assembly in Wayne County, Mich., and Warren Township, principally to points in Arkansas, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Ohio River, Oklahoma, Wisconsin, and those in Kentucky on the Ohio River, except that no drive-away service is authorized to points in Kansas and Ohio, and in secondary movements generally between points in the same States. On December 16, 1946, pursuant to authority granted in Commercial Carriers, Inc.-Lease-Motorcar Transport Co., supra, it leased, for a period of 5 years, similar operating rights authorizing service from Flint, Mich., principally to points in Alabama, Illinois, Georgia, Indiana, Iowa, Michigan, Missouri, Tennessee, Ohio, Wisconsin, and Kentucky. Under authority granted in Commercial Carriers, Inc.-Lease-Canfield Driveaway Co., 50 M. C. C. 815, it leased for a period of 3 years rights to transport motor vehicles and related commodities by the drive-away method, in initial movement from points in Wayne County and Warren Township, and from Willow Run, Washtenaw County, Mich., to points in Michigan, New York, Pennsylvania, Maryland, West Virginia, Ohio, Indiana, Kentucky, Oklahoma, and the District of Columbia and portions of Illinois, Missouri, New Jersey, and Texas, and in secondary movement between points in the District of Columbia and the 13 States last-described, except Oklahoma and Texas.

Keal operates in interstate or foreign commerce, pursuant to certificate issued October 3, 1947, in No. MC-48846, over irregular routes, as a motor common carrier of motor vehicles and related commodities in truck-away and drive-away service in initial and secondary movements from and to and between points in numerous States. The certificate authorizes, in part, the operations described as follows:

A

Automobiles, trucks, trailers, and chassis, restricted to secondary movements, in drive-away service, from Cleveland, Ohio, to points and places in Alabama, Connecticut, Florida, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, with no transportation for compensation on return except as otherwise authorized; between points and places in Ohio; between points and places in Ohio, on the one hand, and, on the other, points and places in Georgia, Illinois, Indiana, Michigan, New York, Pennsylvania, and Wisconsin.

B

Automobiles, trucks, commercial trailers, and chassis, in drive-away service, between Cleveland, Ohio, on the one hand, and, on the other, points and places in Arkansas, Delaware, Iowa, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, and the District of Columbia; and from points and places in Alabama, Connecticut, Florida, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, to Cleveland, Ohio, with no transportation for compensation on return, except as otherwise authorized.

The transportation service authorized in section B is subject to the condition that the carrier shall not transport any new vehicle which is moving from a point of manufacture other than Cleveland, and is delivered to said carrier at Cleveland by a connecting carrier.

с

New automotive vehicles, finished and unfinished, and new automotive vehicle chassis, in drive-away service, from Detroit, Mich., and points and places in Warren Township, Macomb County, Mich., to points and places in Alabama, Georgia, Kentucky, North Carolina, Oregon, South Carolina, Tennessee and Washington.

Rejected new automotive vehicles or chassis, from the above-specified destination points and places in section C to Detroit, Mich., and points and places in Warren Township, Macomb County, Mich.

D

New automobiles, new trucks, and new chassis, restricted to initial movements, in drive-away service, from places of manufacture and assembly in Wayne County, Mich., to Baltimore, Md., points and places in Hennepin and Ramsey Counties, Minn., and those in Illinois, Indiana, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, and West Virginia, with no transportation for compensation on return except as otherwise authorized.

Automobiles, trucks, and chassis, new, used and unfinished restricted to secondary movements, in drive-away service, between all points and places described in section D.

E

Motor vehicles, bodies, cabs, trailers, chassis, and auto parts and accessories, restricted to initial movements, in drive-away service between points and places in Wayne County, Mich., and Warren Township, Macomb County, Mich. Service authorized in section E is an extension of the operations described in section D.

F

Trucks, automobiles, and chassis, restricted to initial movements, in drive-away service, from points and places in Wayne County, Mich., to points and places in Florida.

The certificate also provides that, in addition to the above-described authority, Keal may perform a through service (1) under a combina