INTERSTATE COMMERCE COM'N v. ALLEN E. KROBLIN, INC.

No. 14921.

212 F.2d 555 (1954)

INTERSTATE COMMERCE COMMISSION v. ALLEN E. KROBLIN, Inc.

United States Court of Appeals Eighth Circuit.

May 11, 1954.


Attorney(s) appearing for the Case

Asa J. Merrill, Atty., Interstate Commerce Commission, New York City (James A. Murray, Washington, D. C., and Donald R. Partney, Kansas City, Mo., on the brief), for appellant.

David Axelrod, Chicago, Ill., for amici curiae, David Axelrod and Carl S. Steiner, in support of the position of appellant.

Craig H. Mosier, Waterloo, Iowa (Mosier & Mosier, Waterloo, Iowa, on the brief), for appellee.

Donald A. Campbell, Atty., Department of Agriculture, Washington, D. C. (Neil Brooks, Associate Sol., Washington, D. C., on the brief), for amicus curiae the Secretary of Agriculture, in support of the position of appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The Interstate Commerce Commission sought to enjoin Allen E. Kroblin, Inc., an Iowa trucking corporation, from hauling dressed poultry1 in interstate commerce, because it had no certificate of convenience and necessity from the Commission, 49 U.S.C.A. §§ 306 and 309. The District Court denied the injunction and dismissed the suit, and the Commission has appealed...

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