This section contains the nature of the case and procedural background.

A&P (D) was charged with violations of Interstate Commerce Commission (ICC) regulations for the safe transport of explosives & other dangerous articles & violations of the Motor Carrier Act of 1935. The District Court dismissed those charges on grounds that a partnership cannot be guilty of violating statutes as common law had distinguished corporations and partnerships for purposes of lawsuits. Both statutes applied to 'persons' violating their provisions and included either partnerships or co-partnerships in their definition of the term 'person.'

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