The opinion of the court was delivered by: WOOD
1. This is a criminal action, instituted by Information under the provisions of Part II of the Interstate Commerce Act (49 U.S.C.A. § 322(a) and 18 U.S.C.A. § 3231 and § 3237), charging the defendant corporation in ten counts with knowingly and wilfully engaging in interstate commerce as a common carrier by motor vehicle without a certificate of convenience or necessity.
2. Defendant is a Pennsylvania Corporation and maintains an office and place of business in the City and County of Philadelphia, Pennsylvania, and does business at and from Philadelphia, Pennsylvania.
4. Defendant held itself out to the general public through Auto Driveaway Company and Aides, Inc., by means of letters, advertising, solicitation, rate quotations, and otherwise to engage in the transportation of property by motor vehicle in interstate commerce and did in fact transport motor vehicles in interstate commerce for compensation pursuant to such holding out for many customers on many occasions.
5. Auto Driveaway Company and Aides, Inc., had common facilities and employees, the same officers, and the same telephone number, and customers dealt with Auto Driveaway Company or Aides, Inc., interchangeably depending upon the driver furnished and in many cases did not know with whom they were dealing until they received a bill from Aides, Inc.
6. Defendant received compensation for the transportation performed as alleged in each of the counts of the Information.
7. The compensation charged by Aides, Inc., was on the basis of a flat fee or on the basis of a predetermined number of hours without any relationship to the number of hours required to perform a delivery or return trip.
8. Aides, Inc., employed and paid the drivers and such drivers drove the vehicles as described in each of the counts of the Information.
9. The drivers received their instructions from Aides, Inc., in writing as to when and where to pick up vehicles, when and where to make delivery, and routes to be followed. Expenses were paid by Aides, Inc., and expense receipts were turned in to Aides, Inc.
10. Defendant offered and provided a complete transportation service, substituting another driver if one became ill, providing a driver to bring a vehicle into Philadelphia and a different driver to deliver the vehicle from Philadelphia to destination in instances where the origin was other than Philadelphia.
11. Defendant exhibited all indicia of control including assumption of additional costs due to delays en route due to illness of drivers such as cost of supplying substitute driver, plane fare, bus fare, and wages.
12. Defendant exhibited knowledge of the requirements of the law by deliberately presenting itself as a service organization that furnishes drivers but at the same time holding itself out to deliver trucks at a total cost quotation from Wilkes-Barre, Pennsylvania, to the following points at the charge shown:
Montreal, Canada $ 65.00
Ottawa, Canada 75.00
Toronto, Canada 75.00
Dallas, Texas 200.00
Lexington, Kentucky 100.00
Louisville, Kentucky 100.00
Columbus, Ohio 90.00
Buffalo, N. Y. 70.00
Albany, N. Y. 70.00
Pittsburgh, Pennsylvania 65.00
Washington, D.C. 65.00
Baltimore, Md. 60.00
Asbury Park, N. J. 35.00
Elizabeth, N. J. 35.00
Mt. Vernon, N.Y. 45.00
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