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CRESCENT EXPRESS LINES, INC. v. UNITED STATES

49 F.Supp. 92 (1943)

CRESCENT EXPRESS LINES, Inc., v. UNITED STATES et al. (HUDSON TRANSIT LINES, Inc., et al., Interveners).

District Court, S. D. New York.

March 6, 1943.

Attorney(s) appearing for the Case

George H. Rosen, of New York City, for plaintiff.

Robert L. Pierce, of Washington, D. C., for the United States.

E. M. Reidy, of Washington, D. C., for the Interstate Commerce Commission.

James F. X. O'Brien, of Newark, N. J., for Hudson Transit Lines, Inc., intervening.

Henry P. Goldstein, of New York City, for Mountain Transit Corporation, intervening.

Before L. HAND, Circuit Judge, and CAFFEY and HULBERT, District Judges.

L. HAND, Circuit Judge.

This cause comes on before a court, convened under Sec. 47 of 28 U.S.C.A. for final hearing of an action brought under Sec. 41(28) of 28 U.S.C.A., to set aside an order of the Interstate Commerce Commission, and thus to reinstate its earlier order which the order appealed from modified. The plaintiff is a common carrier by motor, a corporation which succeeded to a partnership from which we need not distinguish it. On June 1, 1935, it was operating...

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