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RISS & CO. v. UNITED STATES

Nos. 4806, 4974.

100 F.Supp. 468 (1951)

RISS & CO., Inc. v. UNITED STATES et al.

United States District Court W. D. Missouri, W. D.

September 27, 1951.

Attorney(s) appearing for the Case

Gage, Hillix & Phelps, John B. Gage, John Kreamer, Kansas City, Mo., Posner, Berge, Fox & Arent, A. Alvis Layne, Jr., Wendell Berge, Washington, D. C., John S. Marley, Kansas City, Mo., for plaintiff Riss & Co.

Allen Crenshaw, Asst. Chief Counsel, I. C. C., Washington, D. C., Daniel W. Knowlton, Chief Counsel, Washington, D. C., of counsel, for defendant Interstate Commerce Commission.

William J. Hickey, Sp. Asst. to the Atty. Gen., Herbert A. Bergson, Asst. Atty. Gen., James E. Kilday, John F. Baecher, Sp. Assts. to Atty. Gen., Sam M. Wear, U. S. Atty. David A. Thompson, Asst. U. S. Atty., Kansas City, Mo., for defendant United States.

John R. Norris, James J. Doherty, Baldwin, Jarman & Norris, Baltimore, Md., Lowell L. Knipmeyer, Kansas City, Mo., for intervenors, Interstate Commerce Carrier Council of Maryland, Joint Northeastern Motor Carrier Ass'n Inc., and Continental Transportation Lines.

Carl L. Steiner, Axelrod, Goodman & Steiner, Chicago, Ill., for intervenor Spector Motor Service Inc.

Before JOHNSEN, Circuit Judge, REEVES, Chief Judge, and DUNCAN, District Judge.

DUNCAN, District Judge.

Riss and Company, a corporation, organized under the laws of the State of Colorado, with its principal place of business in North Kansas City, Missouri, filed these suits to set aside certain orders of the Interstate Commerce Commission, alleging the denial to it of the right to serve certain routes, intermediate and off-route points which it claims the right to serve under the "grandfather clause" of the Motor Carrier Act of 1935, § 206...

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