Irene Booth as Special Administratrix of the Estate of Clarence Booth, Deceased v. Barber Transportation Co., a Corporation

VAN OOSTERHOUT, Circuit Judge.

The defendant, Booth, 1 has appealed from summary judgment ordering him to notify the Interstate Commerce Commission of the consummation of the sale of his motor carrier operating certificate of convenience and necessity, hereinafter referred to as operating rights, to plaintiff, Barber Transportation Co. 2 In substance, the defendant asserts that the court erred in granting summary judgment to the plaintiff for the following reasons:

1. There is a genuine dispute as to material facts; and

2. Summary judgment can not be •entered for specific performance.

Summary…