"MISSION WITHOUT

TIME COVERED BY

.1.

d.

IONS INTO MOTOR CARRIERS RATES ACTICES

› LEE, ROGERS, AND PATTERSON CORPORATION V. ADAMS TRANSFER & STORAGE anuary 31, 1949. Complainant found to have ants or any of them are failing to provide motorwith the terms and conditions of certificates held laint dismissed. Warren C. Moberly for complainant. efendants.

TRANSFER COMPANY, ET AL., v. Walter E. JOHNSON. 19. On reconsideration, findings in prior report, 48 M. C. C. Tendant found not to have wilfully failed to comply with the .ons contained in the certificate granted to defendant, and comCommissioner Patterson dissented. Appearances as shown

APPLICATION CASES-COMMON AND CONTRACT CARRIERS

IVISION 5, COMMISSIONERS LEE, MAHAFFIE, AND ROGERS *C-21995 (Sub No. 11), W. S. HARRINGTON EXTENSION-FROZEN FISH; Now renumbered MC-110193 (Sub-No. 8), SAFEWAY TRUCK LINES, INC., LXTENSION-FROZEN FISH. Decided May 25, 1949. Certificate authorized. Frozen, fish, from Boothbay Harbor, Portland, and Rockland, Maine, to Denver, Colo., St. Paul, and Minneapolis, Minn., and Louisville, Ky., and points in Illinois, Iowa, Kansas, Missouri, Nebraska, and Wisconsin, over irregular routes. Application otherwise denied. Commissioner Lee dissented in a separate expression. Joseph M. Scanlan for applicant. Jack Goodman, Francis E. Barrett, and F. X. Masterson for protestants and interveners in opposition.

MC-110193 (Sub-No. 8). See MC-21995 (Sub-No. 11), supra.

By DIVISION 5, COMMISSIONERS LEE, PATTERSON, AND BARNARD

MC-89433 (Sub-No. 1), COLLINS BUS SERVICE EXTENSION-NEW ENGLAND. Decided August 2, 1948. Certificate authorized. Passengers and their baggage, in charter operations, beginning and ending at specified points in Connecticut and extending to points in certain New England States and New York, over irregular routes. Application otherwise denied. Commissioner Patterson dissented in part in a separate expression. Hugh M. Joseloff for applicant. J. W. Grady, J. J. Graham, Drew L. Carraway, Rene R. Dupins, Peter Lubrano, William L. Mobley, R. W. Pickard, and Frank Daniels for protestants and interveners in opposition.

interest since applicants propose to sell the certificate to B. & M. press, and (3) whether public convenience and necessity requi proposed operation. If it is found that Bernice Buettner and Buettner are not the proper parties in interest, we need not c the other questions.

We are of the opinion that the management of applica: tered operation by C. D. Deaton under the conditions her forth is and has been unlawful and in violation of section See Rauch Registration Application, 44 M. C. C. 83.

We find that applicants have not shown that they a conduct the operation for which authority is sought application should be denied.

An appropriate order will be entered.

con

Marlotte,
F. Gillis

N-STONEWALL, transport general

t in connection with Midley W. Conner for

-CALIFORNIA. Decided commodities, from Portes, Oreg., and livestock, from

EXTENSION-WEST EASTERN MOTOR COLUMBIA. Decided ties, between specified West Virginia, (1) over 2) over several alternate 1 connection with present described points in Ohio, e points in connection with plication otherwise denied. C. Culkin, F. X. Masterson, Day, A. R. Meszoros, Taylor C. MC-18253 (Sub-No. 9). F. C. IC-18253 (Sub-No. 10). Glenn y, Taylor C. Burneson, and Louis 5. 10).

(Sub-No. 9), supra.

5. TRANSFER & STORAGE Co., Inc., 949. Certificate authorized. Comwhich because of size or weight require l equipment, over irregular routes, bend, and, on the other, points in Texas, convenience only. Application otherwise Ewell H. Muse, Jr., Morgan Nesbitt, and pposition.

R-CHICAGO TRUCKING COMPANY, Inc., ExDecided June 22, 1949. Certificate authorSeattle, Wash., to Denver, Colo., over a speciate point of Pocatello, Idaho, for pick-up only.

Indiana, Kentucky, Maryland, Minnesota, Massachusetts, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, Tennessee, Virginia, West Virginia, and Wisconsin.

No. MC-95540 (Sub-No. 139–TA)

Packing-house products, and fresh meats, in vehicles equipped for mechanical control of temperature, between Dothan, Ala., and Albany, Columbus, and Atlanta, Ga.

From Dothan, Ala., to Jacksonville, Tampa, Miami, and Pensacola, Fla., Savannah, Ga., Chattanooga, and Memphis, Tenn., and New Orleans, La.

No. MC-95540 (Sub-No. 143-TA)

Peanuts and pecans, shelled, unshelled and roasted, from Thomasville, Ga., and points within 150 miles of Thomasville, to points in Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Milwaukee, Wis.

No. MC-95540 (Sub-No. 152–TA)

Fresh and frozen meat, packing-house products, and dairy products, in vehicles equipped for temperature control:

From Albany, Ga., to Norfolk, Smithfield, Richmond, and Portsmouth, Va., Chicago, Ill., Pittsburgh, Pa., and points in the Philadelphia, Pa., commercial zone as defined by the Commission in Philadelphia, Pa., Commercial Zone, 17 M. C. C. 533, Cambridge, Mass., and points in the New York, N. Y. commercial zone as defined by the Commission in New York, N. Y., Commercial Zone, 1 M. C. C. 665 and 2 M. C. C. 191.

From Chicago, Ill., to Albany, Ga.

From Tifton, Ga., to points in Virginia, North Carolina, South Carolina, Florida, Alabama, and to Memphis, Tenn., New Orleans, Baton Rouge, and Lake Charles, La., and Greenville, Jackson, Gulfport, and Meridian, Miss.

Fresh and frozen meat, in vehicles equipped for temperature control, from Dothan, Ala., to Smithfield, Va.

49 M. C. C.

No. MC-55952 (SUB-No. 1)

BERNICE BUETTNER AND H. F. BUETTNER COMMMON CARRIER APPLICATION

Submitted June 1, 1949. Decided October 28, 1949

Applicants found not shown to be willing to conduct the operation for which authority is sought. Application denied.

Maurice F. Bishop for applicants.

C. M. Miller for interveners in opposition to the application.
REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

BY DIVISION 5:

No exceptions were filed to the examiner's recommended order but it was stayed by us. Our conclusions differ from those recommended. By application filed February 17, 1949, Bernice Buettner and H. F. Buettner, a partnership, doing business as B. & M. Truck Lines, of Birmingham, Ala., seek a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce as a common carrier by motor vehicle, of general commodities, except those of unusual value, livestock, dangerous explosives, household goods as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, commodities in bulk, commodities requiring special equipment, and those injurious or contaminating to other lading, between Red Bay and Birmingham, Ala., over Alabama Highway 24 from Red Bay to Russellville, Ala., thence over Alabama Highway 5 through Jasper, Ala., to Birmingham, serving no intermediate points; and between Jasper and Phil Campbell, Ala., over Alabama Highway 4 from Jasper to Hamilton, Ala., thence over Alabama Highway 13 to Phil Campbell, serving no intermediate points, as an alternate route. Two motor carriers oppose the application.

The application was supported by C. D. Deaton, Sr., three shipper witnesses and two motor carriers. C. D. Deaton and his son C. D. Deaton, Jr., doing business as B. & M. Express of Birmingham, hold a certificate authorizing operation, insofar as pertinent here, between Birmingham and Memphis, Tenn., over U. S. Highway 78 and between Red Bay and Memphis, from Red Bay over an unnumbered