Avenue, through Bridgewater and Bound Brook, N. J., to its junction with Bound Brook Road, in Middlesex, N. J., thence over Bound Brook Road to its junction with North Avenue, in Dunellen, N. J., thence over North Avenue to its junction with Grove Street, thence over Grove Street to its junc tion with New Market Road, thence over New Market Road to its junction with Vail Avenue, in Piscataway, N. J., thence over Vail Avenue to its junction with West Seventh Street, thence over West Seventh Street, through South Plainfield, N. J., to its junction with Park Avenue, in Plainfield, N. J., thence over Park Avenue to its junction with West Front Street, thence over West Front Street to its junction with East Front Street, thence over East Front Street to its junction with Terrill Road, thence over Terrill Road to its junction with Midway Avenue, in Fanwood, N. J., thence over Midway Avenue to its junction with North Avenue, thence over North Avenue, through Scotch Plains, Westfield, Garwood, and Cranford, N. J., to its junction Westfield Avenue, in Roselle Park, N. J., thence over Westfield Avenue to its junction with Chestnut Street, thence over Chestnut Street to its junction with Salem Road, in Union, N. J., thence over Salem Road to its Junction with Liberty Avenue, in Hillside, N. J., thence over Liberty Avenue to its junction with Bloy Street, thence over Bloy Street to its junction with New Jersey Highway 29, thence over New Jersey Highway 29 to its junction with New Jersey Highway 25, thence over New Jersey Highway 25 to the Pulaski Skyway, thence over the Pulaski Skyway to its junction with Tonnelle Avenue ramp, in Jersey City, N. J., thence over the Tonnelle Avenue ramp to its junction with Tonnelle Avenue, thence over Tonnelle Avenue to its junction with New Jersey Highway 3 in North Bergen, N. J., thence over New Jersey Highway 3 to its junction with the Depressed Highway, thence over the Depressed Highway to its junction with the Elevated Highway, thence over the Elevated Highway to the Lincoln Tunnel Plaza in Weehawken, N. J., and thence through the Lincoln Tunnel to New York City.

Return from New York City through the Lincoln Tunnel to the Lincoln Tunnel Plaza, in Weehawken, thence over the Elevated Highway to its junction with the Depressed Highway, thence over the Depressed Highway to its junction with Tonnelle Avenue ramp, thence over the Tonnelle Avenue ramp to its junction Tonnelle Avenue, thence over Tonnelle Avenue to its junction with Pulaski Skyway, thence over the Pulaski Skyway to its junction with New Jersey Highway 25, thence over New Jersey Highway 25 to its junction with New Jersey Highway 29, thence over New Jersey Highway 29 to its junction with Bloy Street, thence over Bloy Street to its junction with Leo Street, thence over Leo Street to its junction with New Jersey Highway 29 overpass, thence over New Jersey Highway 29 overpass to its junction with Bloy Street, thence over Bloy Street to its junction with Liberty Avenue, in Hillside, thence over Liberty Avenue to its junction with Salem Road, in Union, thence over Salem Road to its junction with Chestnut Street, thence over Chestnut Street to its junction with Westfield Avenue, thence over Westfield Avenue to its junction with North Avenue, thence over North Avenue to its junction with Midway Avenue, in Fanwood, thence over Midway Avenue to its junction with Terrill Road, thence over Terrill Road to its junction with East Front Street, thence over East Front Street to its junction with Watchung Avenue, thence over Watchung Avenue to its junction with West Seventh Street, in Plainfield, thence over West Seventh Street to its junction with Vail Avenue, thence over Vail Avenue to its junction with New Market Road, thence over New Market Road to its junction with Grove Street, thence over Grove Street to its junction with North Avenue, thence over North Avenue to its junction with Bound Brook Road, thence over Bound Brook Road to its

junction with Union Avenue, thence over Union Avenue to its junction with Gaston Avenue, thence over Gaston Avenue to its junction with High Street, thence over High Street to its junction with West End Avenue, thence over West End Avenue to its junction with Doughty Street, thence over Doughty Street to its junction with South Street, and thence over South Street to the terminal in Somerville.

Route B (connecting with Route A), between Plainfield, N. J., and Hillside, N. J.: From the junction of Park Avenue and West Seventh Street, in Plainfield, over West Seventh Street to its junction with East Seventh Street, thence over East Seventh Street to its junction with Watchung Avenue, in Plainfield, thence over Watchung Avenue to its junction with Mountain Avenue, in North Plainfield, thence over Mountain Avenue to its junction with New Jersey Highway 29, thence over New Jersey Highway 29 to its junction with Mountain Avenue, in Scotch Plains, thence over Mountain Avenue to its junction with New Jersey Highway 29, thence over New Jersey Highway 29 to its junction with Bloy Street, In Hillside. Return over the same route.

Route C (connecting with Route A), between Westfield, N. J., and Hillside, N.J.: From the junction of North Avenue and Elm Street, in Westfield, over Elm Street to its junction with Quimby Street, thence over Quimby Street to its junetion with Central Avenue, thence over Central Avenue to its junction with Mountain Avenue, thence over Mountain Avenue to its junction with New Jersey Highway 29, in Mountainside, thence over New Jersey Highway 29 to its junction with Bloy Street, in Hillside.

Return from the junction of New Jersey Highway 29 and Bloy Street, in Hillside, over New Jersey Highway 29 to its junction with Mountain Avenue,, thence over Mountain Avenue to its junction with East Broad Street, in Westfield, thence over East Broad Street to its junction with Elm Street, and thence over Elm Street to its junction with North Avenue, in Westfield.

43 M. C. C.

No. MC-88741

GREEN BROS., INCORPORATED, CONTRACT CARRIER APPLICATION

Decided June 27, 1944

Upon further consideration, findings in prior report, 33 M. C. C. 9, modified so as to authorize applicant to operate as a contract carrier by motor vehicle for a certain class of shipper, of foodstuffs and such equipment and supplies as are used or dealt in by restaurants, between Boston Mass., and Providence, R. I., over a regular route, serving Pawtucket, R. I., as an intermediate point, restricted to traffic moving to or from Boston. Issuance of a permit authorized upon compliance by applicant with certain conditions, and application in all other respects denied Prior reports 18 M. C. C. 94, and 26 M. C. C. 467.

Appearances as shown in the prior reports.

REPORT OF THE COMMISSION ON FURTHER CONSIDERATION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5:

In our second report on reconsideration herein, 33 M. C. C. 9, we found that operation by applicant, Green Brothers, Incorporated, of Fall River, Mass., as a contract carrier by motor vehicle, in interstate or foreign commerce, under individual contracts or agreements with persons (as defined in section 203 (a) of the Interstate Commerce Act) who operate restaurants and retail furniture, mail-order, and department stores, (a) of foodstuffs and such equipment and supplies as are used or dealt in by those persons operating restaurants, between Boston, Mass., and Providence, R. I., over U. S. Highway 1, serving Pawtucket, R. I., as an intermediate point, restricted to traffic moving to or from Boston, and (b) of such commodities as are dealt in by those persons operating retail furniture, mail-order, and department stores, from Fall River, Mass., to points in Bristol, Newport, and Providence Counties, R. I., over irregular routes, will be consistent with the public interest and the national transportation policy. We further found that the holding by applicant of a permit as a contract carrier as described above and the certificate held by it in No. MC-69907 will be consistent with the public interest and the national transportation policy, except to the extent that the certificate authorized applicant to operate as a common carrier by motor

vehicle of such commodities as are dealt in by retail furniture, mailorder, and department stores to and from the same points as are described in (b) above, over irregular routes. The issuance of a permit was conditioned upon the deletion from the certificate, at applicant's request, of the authority to perform as a common carrier, operations as described in (b) above.

Applicant now has informed us that it desires to perform the transportation of such commodities as are dealt in by retail furniture, mail-order, and department stores, as a common carrier rather than as a contract carrier. It requests that the comparable contract-carrier authority be deleted from the prior grant herein; that a permit be issued authorizing operations as a contract carrier by motor vehicle, only under individual contracts or agreements with persons who operate restaurants, of foodstuffs and such equipment and supplies as are used or dealt in by those persons operating restaurants, between Boston and Providence and Pawtucket, in the manner described above; and that the certificate in No. MC-69907 remain unchanged. The proceeding, therefore, is being reopened on our own motion for the purpose of giving consideration to this matter.

In view of our conclusions in the prior report with respect to dual operations, it is clear that the deletion of the authority described in (b) above from the permit authorized to be issued in the prior report will serve the same purpose as a similar deletion from the certificate now outstanding, and that the holding by applicant of the certificate now outstanding and a permit authorizing the operations described in (a) above will be consistent with the public interest and the national transportation policy. We conclude, therefore, that applicant is entitled to authority to perform the operations described in (a) above.

Upon further consideration, we find that operation by applicant as a contract carrier by motor vehicle, in interstate or foreign commerce, under individual contracts or agreements with persons (as defined in section 203 (a) of the act) who operate restaurants, of foodstuffs and such equipment and supplies as are used or dealt in by those persons operating restaurants, between Boston, Mass., and Providence, R. I., over U. S. Highway 1, serving Pawtucket, R. I., as an intermediate point, restricted to traffic moving to or from Boston, over. irregular routes will be consistent with the public interest and the national transportation policy; that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and our rules and regulations thereunder; that an appropriate permit authorizing such operation should be granted; and that in all other respects the application should be denied.

We further find that under section 210 of the act, the holding of the permit as a contract carrier as described above and the certificate as a common carrier in No. MC-69907, authorizing dual operations in the same territory, will be consistent with the public interest and the national transportation policy.

Upon compliance by applicant with the requirements of sections 215 and 218 of the act, with our rules and regulations thereunder, and with the rules established in Contracts of Contract Carriers, 1 M. C. C. 628, an appropriate permit will be issued. An order will be entered denying the application except to the extent granted herein.

43 M. C. C.