Richmond, Nelkin, Joseph Krueger, Davidson, and Isador Kru and the same directors, Richmond, Nelkin, Davidson, and Jo Krueger. The extent of the stock ownership of each at the time filing of the above-mentioned applications and as of Decembe 1942, is shown in appendix A hereto.

Manhattan Coach and Manhattan Transit.-At the time of ing of the applications in Nos. MC-3699 (Sub-No. 1) and M (Sub-No. 1), Benjamin Casser was president, B. (Bernard) J. man, secretary, and Jules Casser, vice president, and treasurer corporations, and all three constituted the sole directors Both Cassers, B. J. Friedman, and Max Friedman were th holders in Manhattan Coach, and the same four men with the of Calia Friedman and A. Friedman were the stockholders in tan Transit.

As of December 31, 1943, the consolidated annual repo carriers shows that Benjamin Casser was president and Jul Casser was treasurer; and that the two Cassers and B. (I Friedman were the sole directors of both companies. The and B. J. Friedman also were the holders of all of the co of both companies. Appendix B hereto indicates the € stockholdings of each.

Westwood and Transportation.-At the time of the applications in Nos. MC-3701 (Sub-No. 1) and 3705 (Su' jamin Casser, Jules Casser, and Bernard Casser were urer, and secretary, respectively, of both companies. the directors of Westwood and Bernard J. Friedman, ser, and Jules Casser were the directors of Transportat Jules, Bernard, Rose, and Evelyn Casser, and J. G stockholders in Westwood, and Benjamin and Jules nard J. Friedman were the stockholders in Transpo

As of December 31, 1943,3 Benjamin, Julius (Jul Casser were still president, treasurer, and secretar both carriers, and also the directors of both. West Transportation three holders of common stock, th each holder and the amounts of each are not set for: extent of each person's complete common-stock he porations is shown in appendix C hereto.

Discussion.-Except in these proceedings, we } Bigley Bros. Inc., Common Carrier Application the interest of simplicity and efficient regulation

The list of officers, directors, and stockholders as describ item 1 of exhibit A of the respective applications. Item 4 in e Bernard J. Friedman in lieu of Bernard Casser. Such di respects our determination here.

Delivery, Inc., of Detroit, Mich., by The Superior Transfer Company, an Ohio corporation of Cleveland, by Motor Express, Inc., a New Jersey corporation, of Chicago, Ill., by The Cleveland, Columbus & Cincinnati Highway, Inc., of Cleveland, hereinafter called C. C. & C., by Motor Express, Inc., an Ohio corporation of Cleveland, hereinafter called Motor Express (Ohio), and by Motor Express, Inc., of Indiana, of Indianapolis, Ind., results or will result in dual operations by carriers under a common control, and, if so, whether such permits and certificates, under section 210 of the Interstate Commerce Act, may be held consistently with the public interest and the national transportation policy. Rail carriers and a motor carrier intervened but offered no evidence.

All of the respondents, except Parcel Delivery, are controlled by U. S. Truck Lines, Inc., of Delaware. All of the outstanding stock of Parcel Delivery, which at one time was owned by Superior (Delaware), all of the stock of which is owned by U. S. Truck Lines, Inc., was sold and transferred in August 1936, to one H. B. Kurtz, who is neither a motor carrier nor connected with any motor carrier. On November 20, 1943, Parcel Delivery filed a petition setting forth the facts relative to the change in ownership of its stock and requesting deletion of its name as a respondent herein. In view of the foregoing, no further action in the involved matter is required in so far as Parcel Delivery is concerned. The term "respondents" as hereinafter used will exclude this carrier.

The sole question to be determined here arises under section 210 of the act which provides:

Unless, for good cause, shown, the Commission shall find, or shall have found, that both a certificate and a permit may be so held consistently with the public interest and with the national transportation policy declared in this Act

(1) no person, or any person controlling, controlled by, or under common control with such person, shall hold a certificate as a common carrier authoriz ing operation for the transportation of property by motor vehicle over a route or within a territory, if such person, or any such controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory; and

(2) no person, or any person controlling, controlled by, or under common control with such person, shall hold a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over a route or within a territory, if such person, or any such controlling person, controlled person, or person under common control, holds a certificate as a common carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory.

The term "person" as used in part II of the act, means any individual, firm, copartnership, corporation, company, association, or joint

stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

U. S. Truck Lines, Inc., owns all of the outstanding stock of Buffalo Delivery, Inc., The Superior Transfer Company, an Ohio corporation, Motor Express, Inc., a New Jersey corporation, Motor Express (Ohio), Motor Express, Inc., of Indiana, and C. C. & C., 81.28 percent of the outstanding shares of stock of The Consolidated Cartage & Storage Company, 80 percent of the stock of Detroit Delivery, Inc., and Superior (Delaware), and 66.66 percent of the stock of Daniel Creedon & Sons Trucking Company.

By order entered July 15, 1939, as supplemented, in No. MC-1777, we authorized the issuance to Superior (Delaware) of a permit authorizing operation as a contract carrier by motor vehicle of "such general merchandise as is dealt in by retail general stores" from Toledo, Ohio, to points in Lenawee and Monroe Counties, Mich., and rejected and returned shipments of the described commodities in the reverse direction, over irregular routes. The permit has not as yet been issued.

The other respondents are all motor common carriers of general commodities, with the usual exceptions, but of these, only Motor Express (Ohio), and C. C. & C., are authorized to operate in any part of the territory now served by Superior (Delaware). Accordingly, the operating rights of the other respondents will not be described.

By certificates issued October 19, 1942, and June 3, 1943, in Nos. MC-3420 and MC-3420 (Sub-No. 1), respectively, Motor Express (Ohio) is authorized to operate as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities, with certain exceptions, in so far as here pertinent, (1) over the specified routes between Buffalo, N. Y., and Toledo and between Toledo and Montville, Ohio, serving all intermediate points and off-route points within 5 miles of Toledo, (2) between Toledo and Port Huron, Mich., over U. S. Highway 25, and between Toledo and Bay City, Mich., over U. S. Highway 23, serving all intermediate points on both routes; between Toledo and Lansing, Mich., over U. S. Highways 223 and 127, serving Adrian, Mich., as an intermediate point; and between Toledo and Saginaw, Mich., over U. S. Highways 24 and 10, serving all intermediate points between Toledo and Pontiac, Mich., and (3) between Elkhart, Ind., and Toledo, over a specified route with no service at intermediate points.

Five hundred shares or 20 percent of the 2,500 shares outstanding are owned by The Superior Transfer Company, an Ohio corporation whose stock in turn is owned 100 percent by U. S. Truck Lines, Inc., of Delaware.

Of the 250 shares or all outstanding stock, 50 shares, or 20 percent thereof, are owned by The Superior Transfer Company (Ohio).

By certificate issued February 19, 1943, in No. MC-3419, C. C. & C., is authorized to operate as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities with the usual exceptions, insofar as material here, between Toledo and Fort Wayne, Ind., between Fremont and Toledo, Ohio, and between Toledo and Cincinnati, Ohio, over specified routes, serving all intermediate points, and off-route points within 10 miles of Toledo, and also as follows:

Between Detroit, Mich., and Columbus, Ohio: From Detroit over U. S. Highway 24 to Maumee, Ohio, thence over U. S. Highway 20 to Perrysburg, Ohio, and thence over U. S. Highway 23 to Columbus; also from Detroit over U. S. Highway 25 to Toledo and thence over U. S. Highway 23 to Perrysburg, and return over the same routes, serving all intermediate points and off-route points within 10 miles of Toledo.

U. S. Highways 23, 24, and 25 extend through Monroe County. Both C. C. & C., and Motor Express (Ohio) are authorized to operate over U. S. Highways 24 and 25 between Toledo and all points on such highways in Monroe County. In addition, the last-named respondent is authorized to operate between Toledo and points in Monroe County on U. S. Highway 23, and to serve Adrian, Mich., in Lenawee County, and off-route points within 5 miles of Toledo, which embraces points in a small portion of Monroe County. C. C. & C., also is authorized to serve off-route points within 10 miles of Toledo, which includes points in portions of Lenawee and Monroe Counties. Thus, both of these respondents, pursuant to their certificates, may transport, as common carriers, the same commodities between Toledo and the described points in Lenawee and Monroe Counties as Superior (Delaware) is authorized to transport as a contract carrier from and to such points. It follows that U. S. Truck Lines, Inc., through its control of Superior (Delaware), Motor Express (Ohio), and C. C. & C., is in a position to accord preferential treatment to patrons of Superior (Delaware) over patrons of either of the two motor common carrier respondents named, a situation which the provisions of section 210 of the act are designed to prohibit.

In order to remove the objections to dual operations between Motor Express (Ohio) and C. C. & C., on the one hand, and Superior (Delaware), on the other, these respondents propose that amended certificates be issued to the two motor common carriers named, eliminating therefrom the commodities which Superior (Delaware) is authorized to transport to the extent that a duplication would result. The adoption of such proposal, however, would have the effect of prohibiting the two common carriers from rendering any service between Toledo and points in Lenawee and Monroe Counties, since the range of commodities which the contract carrier is authorized

to transport is so broad, in effect, as to be all inclusive of the commodities which the common carriers are authorized to handle. To accomplish the same result, with less likelihood of confusion, it would be more appropriate to issue amended certificates which would prohibit any service by the two common carriers between Toledo and points in the above-named counties. However, even such a restriction would not prevent these motor common carriers from interchanging with other common carriers at Toledo traffic originating at points on their lines and destined to points in Lenawee and Monroe Counties, or from receiving traffic originating at points in the above-named counties from such carriers at Toledo and delivering it to points on their lines. Nor would such restriction prohibit the two common carriers from otherwise serving Toledo or from transporting traffic, in interstate or foreign commerce, between other points on its lines and points in Lenawee and Monroe Counties. For example, a shipper at Toledo, who has both the common-carrier and contract-carrier services of the commonly controlled carriers available, though not necessarily between the same points, would be in a position to obtain preferred treatment with respect to shipments handled in contract carriage by assuring the common carriers of certain of its business. In the final analysis, so long as either or both of the common carriers and the contract carrier, which are commonly controlled, are authorized to serve common points the danger of discrimination between shippers is present, and where such danger exists, dual operations may not be permitted.

One method of removing the danger of undue preferences or advantages or unfair or destructive practices, would be to impose a restriction in the certificates of the two motor common carriers prohibiting service at Toledo and points in Monroe and Lenawee Counties. If Motor Express (Ohio) and C. C. & C., will file a petition seeking the amendment of their certificates in accordance with the views expressed above, consideration will be given thereto. The only other practical alternative, in our opinion, would be for the common owner of the three respondents to completely divest itself of control of Superior (Delaware), in which event the provisions of section 210 no longer would apply. If the latter plan is chosen, Superior (Delaware) should supply us with convincing proof, November 15, 1944, that it is no longer under the control of U. S. Truck Lines, Inc., or any of its affiliates. In the event such respondents fail to make an election in the manner described, the order entered July 19, 1939, in No. MC-1777, will be vacated and set aside and the application therein denied.