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ALTON R. CO. v. UNITED STATES

No. 1323.

36 F.Supp. 898 (1941)

ALTON R. CO. et al. v. UNITED STATES et al.

District Court, E. D. Michigan, S. D.

January 31, 1941.

Attorney(s) appearing for the Case

Henry P. Stacey and Frederick V. Slocum, both of Detroit, Mich., and Amos M. Mathews, Joseph H. Hays, and Richard W. Sharpless, all of Chicago, Ill., for plaintiffs.

Nelson Thomas, of Washington, D. C., for Interstate Commerce Commission.

Carney D. Matheson, George S. Dixon, and Edmund M. Brady, all of Detroit, Mich., for Fleming.

Frank Coleman, Sp. Asst. to Atty. Gen., and John C. Lehr, U. S. Atty., and Peter P. Gilbert, Asst. U. S. Atty., both of Detroit, Mich., for the United States.

Before SIMONS, Circuit Judge, and MOINET and PICARD, District Judges.

SIMONS, Circuit Judge.

The petition seeks to enjoin and annul an order of the Interstate Commerce Commission granting to the defendant Fleming a certificate of public convenience and necessity under the so-called "Grandfather" clause of the Motor Carrier Act of 1935, Sec. 206(a), 49 U.S.C.A. § 306(a) (now Part II of the Interstate Commerce Act). The cause came on to be heard before a specially constituted District Court of three judges, convened in pursuance...

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