No. MC-116077 (SUB-No. 125)

ROBERTSON TANK LINES, INC., EXTENSION-
CALCASIEU PARISH, LA.
(HOUSTON, TEX.)

No. MC-112497 (SUB-NO. 184)

HEARIN TANK LINES, INC., EXTENSION-
CALCASIEU PARISH, LA.

(BATON ROUGE, LA.)

In each of the two proceedings, Nos. MC-116077 (Sub-No. 125) and MC-112497 (Sub-No. 184), public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle of acids and chemicals, in bulk, from Lake Charles, La., and points within 5 miles thereof, to points in eight named States, with certain exceptions and subject to certain restrictions, over irregular routes. Issuance of certificates authorized upon pliance by applicants with certain conditions, and applications in all other respects denied.

DECISION AND ORDER

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At a Session of the INTERSTATE COMMERCE COMMISSION, Division 1, Commissioners Hutchinson, Herring, and Tierney, held at its office in Washington, D. C., on the 31st day of December A. D. 1963.

Upon consideration of the applications and the record in the above-entitled proceedings, including the consolidated report and recommended order of the examiner, the exceptions thereto filed in both proceedings by Younger Brothers, Inc., and by Earl Clarence Gibbon, doing business as Earl Gibbon Petroleum Transport, protestants, and the replies to the exceptions filed separetely by the above-specified applicants and

It appearing, That the exceptions and replies raise no new or material matters of fact or law not adequately considered and properly disposed of by the examiner in his report, and are not of such nature as to require the issuance of a report by division 1 discussing the evidence in the light of such pleadings;

And it further appearing, That the examiner recommended the grant to each of the applicants a certificate of public convenience

and necessity authorizing the operations described in the appendix attached hereto;

Wherefore, and good cause appearing therefor:

We find, That the evidence considered in the light of the exceptions and the replies thereto does not warrant a result different from that reached by the examiner; and that the statement of facts, the conclusions, and the findings of the examiner, being proper and correct in all material respects, should be, and they are hereby, affirmed and adopted as our own; and

It is ordered, That upon compliance by applicants with the requirements of sections 215, 217, and 221(c) of the Interstate Commerce Act, and with our rules and regulations thereunder, within the time specified in the last paragraph herein, appropriate certificates will be issued.

And it is further ordered, That unless compliance is made by each applicant with the requirements of sections 215, 217, and 221(c) of the Interstate Commerce Act within 90 days after the date of service hereof, or within such additional time as may be authorized by the Commission, the respective grant of authority made herein shall be considered as null and void and the respective applications shall stand denied in their entirety effective upon the expiration of the said compliance time.

APPENDIX

Service authorized:

Operation as a common carrier by motor vehicle, in interstate commerce, of acids and chemicals (not including liquefied petroleum gases), in bulk, from Lake Charles, La., and points within 5 miles thereof, to points in Alabama, Arkansas, Florida, Georgia, Mississippi, Oklahoma, Tennessee (except Kingsport), and Texas, over irregular routes, restricted, however, (A) against the transportation of (1) paints, paint materials, and resins to Garland, Tex., (2) new catalyst, in covered-hopper vehicles, to points in Arkansas, Oklahoma, and Texas, (3) spent catalyst, in covered-hopper vehicles, to points in Arkansas and Oklahoma, (4) soda ash, in hopper-type vehicles, to the plant site of Jefferson Chemical Company, Inc., at Port Neches, Tex., (5) barite ore, in tank or hopper-type vehicles, to points in Texas, and (6) nitric acid to points in Texas within 350 miles of Lake Charles, La., and (B) subject to the further restriction, that applicant shall not tack or join the authority herein granted with any of its other authority for the purpose of performing a through service other than that authorized herein.

95 M.C.C.