McLEAN TRUCKING CO. v. UNITED STATES


48 F.Supp. 933 (1942)

McLEAN TRUCKING CO., Inc., v. UNITED STATES et al.

District Court, S. D. New York.

December 8, 1942.


Attorney(s) appearing for the Case

Davies, Auerbach, Cornell & Hardy, of New York City (E. B. Ussery, of Washington, D. C., Orrin G. Judd, of New York City, and Charles V. Guthrie, of Washington, D. C., of counsel), for plaintiff.

Thurman Arnold, Asst. Atty. Gen., Arne C. Wiprud, William R. Kueffner, and Charles S. Collier, Sp. Assts. to the Atty. Gen., John H. D. Wigger and David L. Macdonald, Sp. Attys., both of Washington, D. C., and Mathias F. Correa, U. S. Atty., of New York City, for United States.

Daniel W. Knowlton, of Washington, D. C., for Interstate Commerce Commission.

Ralph F. Koebel, of Washington, D. C., for Secretary of Agriculture.

Kirkpatrick, Mathias & Meloy, of Chicago, Ill., for American Farm Bureau Federation.

Nordlinger, Riegelman, Cooper & Benetar, of New York City (Mortimer A. Sullivan, of Buffalo, N. Y., of counsel), for defendants.

Before CHASE, Circuit Judge, and WOOLSEY and MANDELBAUM, District Judges.


CHASE, Circuit Judge.

This action was brought by the plaintiff, a common carrier by motor vehicle within part of the territory in which the defendant motor carriers, or some of them, operate, against the United States of America and the Interstate Commerce Commission, Associated Transport, Inc., Arrow Carrier Corporation, Barnwell Brothers Incorporated, Consolidated Motor Lines Incorporated, Horton Motor Lines Incorporated, McCarthy Freight System, Inc., M. Moran...

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