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One other matter requires consideration. Protestants contend that evidence showing that applicant handled some shipments of frozen squash, which requires prolonged cooking in its processing, should not be considered herein, as such commodity was nonexempt prior to the 1958 act. Furthermore, they urge that the findings herein properly should specify "frozen uncooked vegetables" instead of "frozen vegetables."

In Frozen Cooked Vegetables-Status, 81 M.C.C. 649, division 1 concluded as follows, at page 655:

The winter squash and candied sweet potatoes, for example, have been cooked to a high degree and the texture of the "flesh" of such items has been substantially altered *** They are, in fact, prepared foods and we think that they are embraced within the term "manufactured products" as used in section 203 (b) (6) of the act.

While it is clear that such squash has never been exempt from economic regulation under section 203 (b) (6) of the act, and evidence of movements thereof will not be considered here, we are not in accord with the view that the authority granted herein should specify "frozen uncooked vegetables." It was stated in the Frozen Cooked Vegetables case, supra, at page 652:

all frozen vegetables produced by the principal packers of the country are cooked to some extent in that at some point in the processing thereof they are subjected to the application of heat in the form of hot water or steam for the purpose of inactivating certain enzymes.

From this it seems obvious that the appellation urged by protestants cannot be employed. Additionally, of course, section 203(b) (6) of the act specifically uses the term, "frozen vegetables."

We find that applicant was, on May 1, 1958, in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of the commodities, between, to and from the points and areas, and in the manner specified in appendix C hereto, and has so operated since that time; that an appropriate certificate authorizing the continuance of such operations should be granted, subject, however, to the condition that the authority herein granted and that now held by applicant, shall be construed as comprising a single operating right and shall not be severable by sale or otherwise; and that in all other respects the application should be denied.

Upon compliance by applicant with the requirements of sections 215, 217, and 221(c) of the act and with our rules and regulations thereunder, within the time specified in the order entered concurrently herein, an appropriate certificate will be issued. An order will be entered denying the application except to the extent granted herein.

COMMISSIONER HERRING Concurs in the result.

APPENDIX A

Authority sought

(1) from points in Oregon to points in California, Illinois, Indiana, Minnesota, and Wisconsin and to points in Denver County, Colo., Albany and Natrona Counties, Wyo., Bannock County, Idaho, Hamilton County, Ohio, Jefferson County, Ky., Kent and Muskegon Counties, Mich., Polk and Scott Counties, Iowa, Silver Bow County, Mont., Washoe County, Nev., Weber and Salt Lake Counties, Utah, Lancaster and Douglas Counties, Nebr., Minnehaha County, S. Dak., and St. Louis County, Mo.; (2) between points in Washington, on the one hand, and, on the other, points in Oregon and California; (3) from points in Washington to points in Colorado, Illinois, Iowa, Michigan, Minnesota, Montana, Ohio, and Wisconsin, and points in Jefferson County, Ky., Salt Lake County, Utah, and Wyandotte County, Kans.; (4) from points in California to points in Burleigh County, N. Dak., Cook County, Ill., Linn County, Iowa, Hennepin County, Minn., Silver Bow and Yellowstone Counties, Mont., and Washington County, Oreg.; (5) from points in Idaho to points in California, Illinois, Indiana, Minnesota, Oregon, Washington, and Wisconsin, and to points in Denver County, Colo., Hamilton County, Ohio, Lancaster County, Nebr., Saginaw County, Mich., and Yellowstone County, Mont.; (6) from points in Montana to points in King and Spokane Counties, Wash.; and (7) from points in Salt Lake County, Utah, to points in King County, Wash.

APPENDIX B

Authority recommended by the examiner

(1) Between points in Oregon, Washington, and California; (2) from points in California, Washington, and Oregon to points in Illinois, Iowa, and Minnesota; (3) from points in Washington to points in Ohio, Milwaukee, Wis., and Louisville, Ky.; (4) from Seattle and Mount Vernon, Wash., to points in Michigan; (5) from points in Washington to points in Colorado; (6) from points in Washington to Salt Lake City, Utah; (7) from points in Oregon to points in Wisconsin, Indiana, Denver, Colo., Casper and Laramie, Wyo., Pocatello and Nampa, Idaho, Butte, Mont., Reno, Nev., and Salt Lake City and Ogden, Utah; (8) from Sunnyvale, Calif., to points in Montana; (9) from Los Angeles, Calif., to Idaho Falls, Idaho; (10) from Walla Walla, Wash., to points in Montana; (11) from Auburn and Walla Walla, Wash., to Boise and Pocatello, Idaho; (12) from Portland, Oreg., to Cincinnati, Ohio; (13) from Hillsboro, Oreg., to Louisville, Ky.; (14) from Hillsboro, Oreg., to Grand Rapids, Mich.; (15) from Beaverton and Milton-Freewater, Oreg., to Omaha and Lincoln, Nebr.; (16) from Milton-Freewater, Oreg., to Sioux Falls, S. Dak.; (17) from Portland and Hillsboro, Oreg., to St. Louis, Mo.; (18) from points in Idaho to points in California, Oregon, Washington, Minnesota, Wisconsin, and to Cincinnati, Ohio; (19) from Kimberly, Idaho, to Chicago, Ill.; (20) from Caldwell and Idaho Falls, Idaho, to Evansville and South Bend, Ind.; (21) from Nampa and Caldwell, Idaho, to Denver, Colo.; and (22) from Salt Lake City, Utah, to Seattle and Spokane, Wash.

APPENDIX C

Authority granted

(1) of frozen fruits, frozen vegetables, and frozen berries, and of frozen fish in mixed loads with such commodities (a) between points in Oregon and Washington, (b) from points in Oregon to points in California, Illinois, Min

nesota, and Wisconsin, and to Butte, Mont., Denver, Colo., and Salt Lake City, Utah, and (c) from points in Washington to points in California and Illinois; (2) of frozen fruits and frozen vegetables and of frozen fish in mixed loads with such commodities (a) from Hillsboro and Portland, Oreg., to Casper, Wyo., and (b) from Hillsboro and Portland, Oreg., to Pocatello, Idaho; (3) of frozen berries from Stanwood, Wash., to Milwaukee, Wis.; (4) of frozen fruits, frozen vegetables, and frozen berries from Sunnyvale, Calif., to Billings and Butte, Mont., and Grandview, Wash.; (5) of frozen fruits and frozen vegetables from Oakland, Calif., to Seattle, Wash.; and (6) of frozen vegetables (a) from points in Washington to Cincinnati, Ohio, (b) from Auburn, Wash., to Salt Lake City, Utah, (c) from Woodburn, Oreg., to Davenport, Iowa, (d) from points in Idaho to points in California, Oregon, and Washington, (e) from Nampa and Caldwell, Idaho, to Cincinnati, Ohio, (f) from Nampa to South Bend, Ind., and Minneapolis, Minn., (g) from Idaho Falls to Minneapolis, Minn., and Saginaw, Mich., and points in Wisconsin, and (h) from Kimberly, Idaho, to Chicago, Ill., and Milwaukee, Wis., and (7) of frozen berries and frozen vegetables (a) from Milton-Freewater, Oreg., to Sioux Falls, S. Dak., and from Stanwood, Mount Vernon, Walla Walla, Kent, and Auburn, Wash., to Minneapolis, Minn.

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