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McLEAN TRUCKING CO. v. U.S.

No. 31.

321 U.S. 67 (1944)

McLEAN TRUCKING CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 17, 1944.

Attorney(s) appearing for the Case

Mr. Arne C. Wiprud, with whom Messrs. Robert H. Shields and Edward Dumbauld were on the brief, for the Secretary of Agriculture of the United States, appellant. Mr. E.B. Ussery submitted for the McLean Trucking Co., and Messrs. Martin Burns and Paul E. Mathias submitted for the American Farm Bureau Federation, — appellants.

Mr. Daniel W. Knowlton for the Interstate Commerce Commission; and Mr. Mortimer Allen Sullivan, with whom Mr. Hugh M. Joseloff was on the brief, for Associated Transport, Inc. et al., — appellees.

MR. JUSTICE RUTLEDGE delivered the opinion of the Court.

This is an appeal from a decree of a statutory three judge court,1 48 F.Supp. 933, refusing to set aside certain orders of the Interstate Commerce Commission which had authorized consolidation of seven large motor carriers.

Associated Transport, Inc., was organized in Delaware in March, 1941, to bring about the proposed merger. In July...

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