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MOTOR FREIGHT EXPRESS v. UNITED STATES

Civ. A. No. 4789.

119 F.Supp. 298 (1954)

MOTOR FREIGHT EXPRESS v. UNITED STATES et al.

United States District Court M. D. Pennsylvania.

February 17, 1954.

Attorney(s) appearing for the Case

McNees, Wallace & Nurick, Jefferson Barnhart, Harrisburg, Pa., for Motor Freight Express and others, plaintiffs.

J. Julius Levy, U. S. Atty., Scranton, Pa., John Guandolo, Sp. Asst. to Atty. Gen., for the United States, defendant.

Leo H. Pou, Edward M. Reidy, Chief Counsel, Washington, D. C., for Interstate Commerce Commission, defendant.

John M. Musselman, of Rhoads, Sinon & Reader, Harrisburg, Pa., Clarence Todd, Dale C. Dillon, Washington, D. C., for Branch Motor Express Co., intervenor.

Before STALEY, Circuit Judge, WATSON, Chief Judge, and MURPHY, District Judge.

STALEY, Circuit Judge.

This court was convened to hear and determine the merits of plaintiffs' claim that two orders of the Interstate Commerce Commission should be set aside.1 One of the orders was dated March 17, 1952, and issued after a "grandfather" application proceeding at the commission's Docket No. MC-10875. The other was dated December 19, 1952, and resulted from two complaint proceedings...

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