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MOTOR FREIGHT EXPRESS v. UNITED STATES

No. 3905.

60 F.Supp. 238 (1945)

MOTOR FREIGHT EXPRESS v. UNITED STATES et al.

District Court, E. D. Pennsylvania.

April 30, 1945.

Attorney(s) appearing for the Case

Charles E. Cotterill, of New York City, and Harold S. Shertz, of Philadelphia, Pa., for plaintiff.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Wendell Berge, Asst. Atty. Gen., and Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., for the United States.

Allen Crenshaw, of Washington, D. C., and Daniel W. Knowlton, Chief Counsel, of Washington, D. C., for Interstate Commerce Commission.

Before BIGGS, Circuit Judge, and KALODNER and BARD, District Judges.

BARD, District Judge.

Defendants move to dismiss this action for lack of jurisdiction. Plaintiff instituted the action to annul and enjoin enforcement of (1) an order of the Interstate Commerce Commission entered March 14, 1944, denying plaintiff's application for a certificate of authorization for certain suburban area services, and (2) an order of the Commission entered July 26, 1944, denying a petition for reconsideration which sought dismissal of the application...

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