of its operating rights, to deny the application merely upon a showing that the rights proposed to be sold and those to be retained were granted the seller as a single unit. Protestants also contend that the division of the operating rights in the manner proposed, with vendee serving two points (Binghamton and Middletown) and vendor serving three points (Albany, Schenectady, and Saugerties) from the same base area, would materially change the character of the service rendered by the original holder of the rights. The three points last named are north of New York City and in the same general territory served by vendor in its regular-route operations. Binghamton and Middletown, however, are considerably removed from vendor's regular routes, being located northwest of New York City in territory authorized to be served by vendee. While vendee and vendor would serve New York City and the nearby New Jersey territory in common, the destination territory to be served by each would be different. Under the circumstances, the division of vendor's operating rights in the manner proposed is not objectionable.

Included in the operating rights proposed to be retained by vendor is the right to transport lumber from Albany and New York City to points in New York, Massachusetts, and Connecticut within 100 miles of Albany and New York City. Middletown is within, and Binghamton is without, the 100-mile zone of New York City. The right to transport general commodities to and from Binghamton and Middletown, which vendor proposes to sell, includes the right to transport lumber to those points. Accordingly, in the event the transaction is consummated, vendee will acquire all of vendor's rights to transport lumber from New York City to Middletown, and vendor's retained operating rights will not include authority to transport lumber from New York City to Middletown.

Approval of the transaction would enable vendee to serve a larger territory in the vicinity of New York City and to provide a singleline service between that area and points as far west as Buffalo. In addition, it would permit vendor to concentrate its service in its Albany-New York City area. Employees of applicants would not be adversely affected. A number of motor carriers serve Binghamton and Middletown to and from the New York City territory here considered. In conducting the unified operations, vendee will be expected to maintain the distinction between its regular-route and irregularroute operations, and, in moving through traffic under the combined rights, it may do so only via authorized gateways. Compare Thurston-Purchase-Merritt, 15 M. C. C. 358 and B. & E. Transp. Co., Inc.-Purchase-Merchants Transp., Inc., 36 M. C. C. 561.

Vendee at present has general-commodity irregular-route operating rights between points in Sussex County, N. J., and Rockland, Orange, and Sullivan Counties, N. Y., on the one hand, and, on the other, New York City and points in Bergen, Essex, Hudson, Passaic, and Union Counties, N. J. Middletown is in Orange County and the 5 New Jersey last-named counties generally are within 30 miles of the city hall, New York City. To the extent indicated, the operating rights which vendee would acquire herein duplicate its present rights.

We find that purchase by Borush Motor Express, Inc., of the previously described portion of the operating rights of John Vogel, Inc., and acquisition of control of the operating rights by John Borush, through the proposed purchase, upon the terms and conditions above set forth, which terms and conditions are found to be just and reasonable, is a transaction within the scope of section 5 (2) (a), and will be consistent with the public interest, and that, if the transaction is consummated, Borush Motor Express, Inc., will be entitled to a certificate covering the previously described portion of the operating rights granted in No. MC-2756, which rights are herein authorized to be unified with rights otherwise confirmed in Borush Motor Express, Inc., with duplications eliminated; provided, however, that, if the authority herein granted is exercised, Borush Motor Express, Inc., shall immediately write off the amount assigned to its "Other Intangible Property" account as a result of the instant transaction, the write-off to be accomplished in the manner to be determined upon submission of the journal entries proposed to record the purchase as required by our order herein.

An appropriate order will be entered.

50 M. C. C.

M. P. McLEAN, JR.-CONTROL; McLEAN TRUCKING COMPANY, INC.-PURCHASE (PORTION)-GAR FORD TRUCKING, INC.

Submitted March 16, 1948. Decided April 20, 1948

1. Purchase by McLean Trucking Co. of certain operating rights of Garford Trucking, Inc., and acquisition of control of the operating rights by M. P. McLean, Jr., through the purchase, approved and authorized, subject to conditions. 2. Purchase by Garford Trucking, Inc., of the operating rights and property of A. Walker Reid (Jack Braverman, executor), doing business as Fast Eight Line, and acquisition of control of the operating rights and property by I. Joseph, Adam, and Joseph Krosnowski through the purchase, approved and authorized, subject to conditions.

Harris J. Klein for applicants.

A. R. Eldred, James G. Lane, and Barney Pulver for protestants. REPORT OF THE COMMISSION

DIVISION 4, COMMISSIONERS MAHAFFIE, MILLER, AND MITCHELL BY DIVISION 4:

No exceptions were filed to the examiner's proposed report. McLean Trucking Co., of Winston-Salem, N. C., and Garford Trucking, Inc., of South River, N. J., herein called Trucking and Garford, respectively, by a joint application filed December 15, 1947, in No. MC-F-3698, seek authority under section 5 of the Interstate Commerce Act for the purchase by Trucking of certain operating rights of Garford for $20,000. M. P. McLean, Jr., of Winston-Salem, who controls Trucking through ownership of 79 percent of its outstanding capital stock, concurrently seeks authority to acquire control of the operating rights through the purchase. Garford and A. Walker Reid (Jack Braverman, executor), doing business as Fast Eight Line, of Bound Brook, N. J., herein called the estate, by a joint application filed the same date, in No. MC-F-3699, seek authority under the same section for the purchase by Garford of the operating rights and property of the estate for $85,000. I. Joseph, Adam, and Joseph Krosnow

1 This report also embraces No. MC-F-3699, I. Joseph Krosnowski et al.-Control; Garford Trucking, Inc.-Purchase-Estate of A. Walker Reid (Jack Braverman, Executor).

ski, brothers, all of South River, who control Garford through ownership, in equal proportions, of 60 percent of its outstanding capital stock, concurrently seek authority to acquire control of the operating rights and property through the purchase by Garford. The applications are interrelated and were heard on a consolidated record. Rail carriers in trunk-line and New England territory, except The Chesapeake and Ohio Railway Company, opposed the applications, but confined their participation to the cross-examination of applicants' witnesses. National Transportation Company, herein called National, a motor common carrier, also opposed the applications. Trucking and Garford use substantially more than 20 motor vehicles in their respective operations.

Trucking, a North Carolina corporation, operates in interstate or foreign commerce as a motor common carrier of property, over regular and irregular routes, in Connecticut, Delaware, Georgia, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, and the District of Columbia. The certificated authority pertinent herein covers the transportation, over irregular routes, (1) of general commodities, with exceptions, from Bayonne, N. J., New York, N. Y., Providence, R. I., and points within 25 miles of Providence, and those in Connecticut on and west of Connecticut Highway 15 and on and south of U. S. Highway 6, to points in North Carolina generally east of, and including, Winston-Salem, Statesville, Charlotte, and Monroe, (2) of textiles and textile products from points in Cumberland, Scotland, Bladen, Robeson, Edgecombe, Johnston, Chowan, and Sampson Counties, N. C., to New York City, points in Westchester County, N. Y., and those in Connecticut, Massachusetts, New Jersey, and Rhode Island, and (3) of manufactured tobacco products from WinstonSalem and Durham, N. C., to Boston and Springfield, Mass., Providence, and points in Connecticut on and west of U. S. Highway 5 and on and south of U. S. Highway 6. The leased rights authorize the transportation of general commodities, with exceptions, over regular routes, between Atlanta, Ga., and Philadelphia, Pa., via Charlotte and Richmond, Va., serving numerous intermediate points, subject to restrictions; between New York City and Philadelphia, without serving intermediate points; and between Charlotte and New York City via Raleigh, N. C. (also via Greensboro, N. C.), Richmond, and Philadelphia, serving certain intermediate and off-route points, including Jersey City, N. J., restricted to delivery of north-bound traffic and pick-up

Under certificate issued February 4, 1948, in No. MC-31389, and rights leased for a period expiring October 1, 1951, pursuant to authority granted in McLean Trucking Co.Lease-Atlantic States Motor Lines, 45 M. C. C. 417.

of south-bound traffic; and, over irregular routes, between Albemarle and Charlotte, N. C., and points within 10 miles thereof, on the one hand, and, on the other, points in Bergen, Essex, Hudson, Middlesex, and Passaic Counties, N. J.

In McLean Trucking Co., Inc., Extension-General Commodities, 47 M. C. C. 845, issuance of a certificate to Trucking was conditionally authorized covering the transportation, over irregular routes, (1) of general commodities, with exceptions, from Winston-Salem to Boston, Worcester, and Springfield, Mass., Providence, R. I., and Bridgeport, Conn., points in Connecticut, Rhode Island, and Massachusetts within 25 miles of each, and New York City, and from Boston, Lowell, and Holyoke, Mass., and points within 10 miles of each, Worcester and points within 15 miles thereof, South Barre, Mass., and points within 3 miles thereof, points in the New York commercial zone as defined in New York, N. Y., Commercial Zone, 1 M. C. C. 665, and Sewaren, Passaic, Plainfield, Rahway, and New Brunswick, N. J., and points within 2 miles of each, to points in the above-described destination area in North Carolina, (2) of manufactured tobacco products from Winston-Salem to Jersey City and from Richmond to Boston, and (3) of textiles and textile products from Norwood, N. C., to Bristol, Conn., from Albemarle to Middletown, Conn., and from Roxboro, N. C., to points in Connecticut, Massachusetts, and Rhode Island, and from points in that part of Rocky Mount in Nash County, N. C., to New York City and points in Maryland on or north of U. S. Highway 40 and on or east of U. S. Highway 111, those in New Castle County, Del., those in Pennsylvania on or east of U. S. Highway 11, points in New Jersey, those in Westchester County, and those in Connecticut, Rhode Island, and Massachusetts. In McLea. Trucking Co. -Purchase-Simpson Motor Lines, Inc., 50 M. C. C. 811, it was authorized to purchase, for $55,000, certain physical property and regular-route general-commodity rights between High Point and New York City entirely duplicated by those it was authorized to lease in the case cited in footnote 2, supra. Trucking has pending applications in No. MC-31389 (Sub-Nos. 20 and 21) for authority under section 207 to transport general commodities between points not pertinent herein, and manufactured tobacco products from Winston-Salem, Durham, and Reidsville, N. C., and Richmond to Portland, Maine, textile and textile products from Baldenboro, N. C., to Sanford, Maine, and textile machinery and parts from Biddeford, Maine, to Richmond. In another pending section 5 application, it seeks au

No. MC-F-3752, M. P. McLean, Jr.-Control; McLean Trucking Company, Inc.-Purchase Thomas P. Ravenel.