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INTERSTATE COMMERCE COM'N v. OVERNIGHT M. TRANSP. CO.

No. 10059.

24 F.Supp. 751 (1938)

INTERSTATE COMMERCE COMMISSION v. OVERNIGHT MOTOR TRANSP. CO., Inc., et al.

District Court, E. D. Pennsylvania.

August 24, 1938.

Attorney(s) appearing for the Case

J. Cullen Ganey, U. S. Atty., of Bethlehem, Pa., and Jack Garrett Scott and Francis A. Silver, both of Washington, D. C., for plaintiff.

R. Sturgis Ingersoll (of Ballard, Spahr, Andrews & Ingersoll), all of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

By the calendar the first motion is that for a preliminary injunction. There has been interposed, however, a motion to dismiss the Bill which, if it prevails, will dispose of the first motion. The case was accordingly heard on the motion to dismiss the Bill, the motion for an injunction to await a ruling upon the motion to dismiss. The sole ground of the motion to dismiss is the one of jurisdiction because of the lack of judicial power in...

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