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MOTOR HAULAGE CO. v. UNITED STATES

Civ. No. 7097.

70 F.Supp. 17 (1947)

MOTOR HAULAGE CO., Inc., v. UNITED STATES et al.

District Court, E. D. New York.

Judgment Affirmed April 28, 1947.

Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (Parker McCollester, P. G. Martin and Frank J. Clark, all of New York City, on the brief), for plaintiff.

Edward Dumbauld, Sp. Asst. to the Atty. Gen., for the United States of America.

J. Stanley Payne, Asst. Chief Counsel, of Washington, D. C., Interstate Commerce Commission (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., Interstate Commerce Commission, on the brief), for defendant Interstate Commerce Commission.

H. Lauren Lewis and Robert J. McBride, both of Washington, D. C., for Regular Common Carrier Conference of the American Trucking Associations, Inc.

Before CLARK, Circuit Judge, and BYERS and KENNEDY, District Judges.

Judgment Affirmed April 28, 1947. See 67 S.Ct. 1205.

KENNEDY, District Judge.

I. This is a suit to enjoin, set aside, annul, and suspend an order of the Interstate Commerce Commission, 28 U.S.C.A. §§ 41, 43-48. Plaintiff, prior to August 9, 1935, the date of the enactment of the Interstate Commerce Act, part II, dealing with motor carriers, 49 U.S.C.A. §§ 301-327, was engaged in certain operations...

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