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REFRIGERATED TRANSPORT v. UNITED STATES

Civ. A. No. 4401.

101 F.Supp. 95 (1951)

REFRIGERATED TRANSPORT, Inc. v. UNITED STATES.

United States District Court N. D. Texas, Dallas Division.

November 12, 1951.

Attorney(s) appearing for the Case

Phinney, Hallman, Reed & Holley, Dallas, Tex. for the complainant.

Robert W. Strange, H. G. Morison, and James E. Kilday, Sp. Assts. to the Atty. Gen., Frank B. Potter, U. S. Atty., Dallas, Tex., for the respondent.

Before HUTCHESON, Circuit Judge, ATWELL, Chief Judge, and DAVIDSON, District Judge.

ATWELL, Chief Judge.

Jurisdiction is invoked under Sec. 1398 of Title 28 U.S.C.A. Sec. 2322 provides that all actions specified in Sec. 2321 shall be by, or, against the United States. Sec. 2321 provides that in actions to enforce, suspend, enjoin, annul, or, set aside in whole, or, in part, any order of the Interstate Commerce Commission other than for the payment of money for the collection of fines, penalties, and forfeitures, shall be as provided in this chapter...

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