definition of a contract carrier as set forth in section 203(a)(15), as amended; that such operations are those of a common carrier by motor vehicle, and are otherwise lawful. The examiner further finds that an appropriate certificate in lieu of the permits now held by applicant should be issued authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle of the commodities, from, to, and between the points and in the manner described in appendix A hereto, and that an appropriate certificate authorizing such operation should be granted concurrently with the revocation of the permits now held by applicant. It is recommended that the appended order be entered. (Signature) James C. Cheseldine APPENDIX A Present contract carrier authority held by Brown Brothers Irregular routes: Permit No. MC-108456, dated August 1, 1957. Processed cheese, raw cheese, pimentos, chemicals, and paper cartons, between Curwensville, Pa., on the one hand, and, on the other, points in West Virginia, Ohio, Kentucky, Illinois, Michigan, Indiana, Wisconsin, and Minnesota. Between Curwensville, Pa., on the one hand, and, on the other, points in New York, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Virginia, Maryland, North Carolina, Tennessee, Mississippi, and Missouri. Powdered milk and powdered cream, butter, oleomargarine, and salad dressing, between Curwensville, Pa., on the one hand, and, on the other points in New York, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Virginia, Maryland, North Carolina, Tennessee, Mississippi, Missouri, West Virginia, Ohio, Kentucky, Illinois, Michigan, Indiana, Wisconsin, and Minnesota. Glass bottles, from Brockway, Pa., to points in Illinois, Indiana, Michigan, Wisconsin, points in Kentucky north of a line beginning at Catlettsburg, Ky., and extending along U.S. Highway 60 to Versailles, Ky., thence along U.S. Highway 62 to junction Kentucky Highway 92 (formerly U.S. Highway 62) near Kuttawa, Ky., thence along Kentucky Highway 93 to junction U.S. Highway 60 (formerly U.S. Highway 62) near Smithland, Ky., and thence along U.S. Highway 60 to Paducah, Ky., points in that part of Minnesota bounded by a line beginning at Winona, Minn., and extending along U.S. Highway 14 to Mankato, Minn., thence along U.S. Highway 169 to St. Peter, Minn., thence along Minnesota Highway 22 to Eden Valley, Minn., thence along Minnesota Highway 55 to Kimball, Minn., thence along Minnesota Highway 15 to St. Cloud, Minn., thence along Minnesota Highway 23 to Milaca, Minn., thence along U.S. Highway 169 to Princeton, Minn., thence along Minnesota Highway 95 to Taylors Falls, Minn., and thence along the Minnesota-Wisconsin State line to point of beginning, points in that part of Ohio bounded by a line of beginning at Bridgeport, Ohio, and extending along U.S. Highway 40 to Columbus, Ohio, thence along U.S. Highway 23 to Delaware, Ohio, thence along U.S. Highway 42 to junction unnumbered highway (formerly U.S. Highway 42), thence along unnumbered highway via Ashland, Ohio to junction U.S. Highway 42, thence along U.S. Highway 42 to Cleveland, Ohio, thence west along the shore of Lake Erie and the Ohio-Michigan State line to the Ohio-Indiana State line, thence south along the Ohio-Indiana State line to the Ohio River, and thence along the shore of the Ohio River to point of beginning. APPENDIX B Interim permits held by Brown Brothers Express, Inc., of Curwensville, Pa. Interim Permit No. MC-108456 (Sub-No. 9) June 30, 1958 Irregular routes: Candy, from Chicago, Ill., to Punxsutawney, Falls Creek, Johnstown, Altoona, DuBois, and Huntingdon, Pa. The operations authorized herein are limited to a transportation service to be peformed under a continuing contract or contracts with E. J. Brach and Sons, of Chicago, Ill. No. MC-108456 (Sub-No. 11) Interim January 7, 1960 Irregular routes: Plastic containers, from Brockway, Pa., to points in Illinois, Indiana, Michigan, Wisconsin, points in Kentucky north of a line beginning at Catlettsburg, Ky., and extending along U.S. Highway 60 to Versailles, Ky., thence along U.S. Highway 62 to junction Kentucky Highway 93 near Kuttawa, Ky., thence along Kentucky Highway 93 to junction U.S. Highway 60 near Smithland, Ky., and thence along U.S. Highway 60 to Paducah, Ky., points in that part of Minnesota bounded by a line beginning at Winoma, Minn., and extending along U.S. Highway 14 to Mankato, Minn., thence along U.S. Highway 169 to St. Peter, Minn., thence along Minnesota Highway 22 to Eden Valley, Minn., thence along Minnesota Highway 55 to Kimball, Minn., thence along Minnesota Highway 15 to St. Cloud, Minn., thence along Minnesota Highway 23 to Milaca, Minn., thence along U.S. Highway 169 to Princeton, Minn., thence along Minnesota Highway 95 to Taylors Falls, Minn., and thence along the MinnesotaWisconsin State line to point of beginning, points in that part of Ohio bounded by a line beginning at Bridgeport, Ohio, and extending along U.S. Highway 40 to Columbus, Ohio, thence along U.S. Highway 23 to Delaware, Ohio, thence along U.S. Highway 42 to junction unnumbered highway, thence along unnumbered highway through Ashland, Ohio, to junction U.S. Highway 42, thence along U.S. Highway 42 to Cleveland, Ohio, thence west along the shore of Lake Erie and the Ohio-Michigan State line to the Ohio-Indiana State line, thence south along the Ohio-Indiana State line to the Ohio River, and thence along the shore of the Ohio River to point of beginning, and pallets used in the transportation of plastic containers, from the abovespecified destination points to Brockway, Pa. Restriction: The operations authorized herein are limited to a transportation service to be performed under a continuing contract, or contracts with Brockway Glass Company, Inc., of Brockway, Pa. 130 M.C.C. |