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TRANSAMERICAN FREIGHT LINES v. UNITED STATES

Civil Action No. 274.

51 F.Supp. 405 (1943)

TRANSAMERICAN FREIGHT LINES, Inc., v. UNITED STATES et al.

District Court, D. Delaware.

August 10, 1943.

Attorney(s) appearing for the Case

S. Samuel Arsht and H. Stanley Lynch (Morris, Steel, Nichols & Arsht) both of Wilmington, Del., Thomas F. Chawke, of Detroit, Mich., and Howell Ellis and John S. Powell, both of Indianapolis, Ind., for plaintiff.

Stewart Lynch, U. S. Atty., of Wilmington, Del., Tom C. Clark, Asst. Atty. Gen., Robert L. Pierce, Sp. Asst. to Atty. Gen., and Daniel W. Knowlton, Chief Counsel, and Nelson Thomas, both of Washington, D. C., for the Interstate Commerce Commission.

Before BIGGS, Circuit Judge, and WATSON and LEAHY, District Judges.

LEAHY, District Judge.

This case arises under 28 U.S.C.A. § 41 (28) and §§ 43-48, wherein Transamerican Freight Lines, Inc. (hereinafter called "Transamerican") seeks to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission which denied an application filed under Sec. 206(a) of the Motor Carrier Act 1935, 49 Stat. 543, now, as amended, Sec. 206(a) of Part II of the Interstate Commerce Act, 49 U.S. C.A. § 301 et...

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