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ACME FAST FREIGHT v. UNITED STATES

30 F.Supp. 968 (1940)

ACME FAST FREIGHT, Inc., et al. v. UNITED STATES et al.

District Court, S. D. New York.

January 8, 1940.

Attorney(s) appearing for the Case

Clark, Carr & Ellis, of New York City (John R. Turney, George A. Ellis and Paul A. Crouch, both of New York City, of counsel), for complainants.

Thurman Arnold, Asst. Atty. Gen., Elmer B. Collins, Sp. Asst. to Atty. Gen., and John T. Cahill, U. S. Atty., of New York City, for defendant United States.

Daniel W. Knowlton, Chief Counsel, and J. Stanley Payne, Asst. Chief Counsel, both of Washington, D. C., for defendant Interstate Commerce Commission.

Before AUGUSTUS N. HAND, Circuit Judge, and LEIBELL and MANDELBAUM, District Judges.

AUGUSTUS, N. HAND, Circuit Judge.

This is a suit (1) to set aside an order of the Interstate Commerce Commission refusing to issue a certificate of public convenience and necessity to certain of the complainants herein and to enforce by writ of mandatory injunction the exercise of jurisdiction on the part of the Commission of the application for such a certificate, and (2) to set aside a certain order of the Commission rejecting and striking from its files certain...

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