LATTAVO BROS. v. HUDOCK

Civ. A. No. 10483.

119 F.Supp. 587 (1953)

LATTAVO BROS., Inc. v. HUDOCK.

United States District Court W. D. Pennsylvania.

November 12, 1953.


Attorney(s) appearing for the Case

Ernie Adamson, Pittsburgh, Pa., for plaintiff.

H. F. Stambaugh, Special Counsel, Pittsburgh, Pa., Frank F. Truscott, Atty. Gen., for defendant.

Edward M. Reidy, Chief Counsel, and Nell Guinn, Washington, D. C., amici curiae for Interstate Commerce Com'n.

Before STALEY, Circuit Judge, and GOURLEY, Chief District Judge, and MARSH, District Judge.


STALEY, Circuit Judge.

This is a suit for a permanent injunction, restraining defendant from enforcing certain of the weight limitations of the Pennsylvania Motor Vehicle Code against plaintiff's vehicles. Most of the important facts were stipulated.

Plaintiff, an Ohio corporation, is a common carrier by motor truck and operates between points in Ohio and western Pennsylvania under a consolidated certificate issued by the Interstate Commerce Commission. Defendant...

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