PENINSULA CORPORATION v. UNITED STATES

No. 24102.

60 F.Supp. 174 (1945)

PENINSULA CORPORATION OF SEAFORD, DEL., v. UNITED STATES et al.

District Court of the United States for the District of Columbia.

January 31, 1945.


Attorney(s) appearing for the Case

J. E. Hummer, C. V. Guthrie, and E. B. Ussery, all of Washington, D. C., for plaintiffs.

E. M. Reidy, Asst. Chief Counsel, of Washington, D. C., for Interstate Commerce Commission.

Robert L. Pierce, Department of Justice, Wendell Berge, Department of Justice, and Edward M. Curran, U. S. Dist. Atty., all of Washington, D. C., for the United States.

John R. Norris and James J. Doherty, both of Baltimore, Md., and Eugene X. Murphy, of Washington, D. C., for intervenor Interstate Common Carrier Council of Maryland, Inc.

Before EDGERTON, Associate Justice of the United States Court of Appeals for the District of Columbia, and LETTS and McGUIRE, Associate Justices.


McGUIRE, Associate Justice.

This is a suit under 28 U.S.C.A. §§ 41 (28), 43-47a, to set aside an order of the Interstate Commerce Commission entered November 11, 1943.

The report and order of Division 5 of the Commission (Exhibit B to the complaint) dismissed plaintiff's application under the "grandfather" clause of Section 206 (a) of the Interstate Commerce Act.1 This application, as amended,2

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