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INTERSTATE COMMERCE COM'N v. ALLEN E. KROBLIN, INC.

Civ. A. No. 615.

113 F.Supp. 599 (1953)

INTERSTATE COMMERCE COMMISSION v. ALLEN E. KROBLIN, Inc.

United States District Court N. D. Iowa, E. D.

June 30, 1953.

Attorney(s) appearing for the Case

James A. Murray, Associate Chief Counsel, Interstate Commerce Commission, Washington, D. C., Donald R. Partney, Atty., Interstate Commerce Commission, Kansas City, Mo., and Asa Merrill, Atty., Interstate Commerce Commission, New York City, for plaintiff.

Craig H. Mosier, of Mosier & Mosier, Waterloo, Iowa, for defendant.

Charles W. Bucy, Associate Sol., Washington, D. C., Henry A. Cockrum, and Harry Ross, Jr., Attys., Office of Sol., United States Department of Agriculture, Washington, D. C., for the Secretary of Agriculture, amicus curiae.

GRAVEN, District Judge.

The issue in this case is whether or not the interstate transportation by truck of New York dressed and eviscerated poultry is within the scope of the so-called "agricultural" exemption of the Interstate Commerce Act. Section 303(b) (6) of 49 U.S. C.A.; Section 303(b) (6) of Title 49 of the United States Code. In the United States Statutes at Large, Chapter 498, 49 Statutes 543, 544, that Section appears as Section 203(b) (6). In the legislative...

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