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MIDWEST COAST TRANSPORT v. UNITED STATES

Civ. A. No. 929.

125 F.Supp. 557 (1954)

MIDWEST COAST TRANSPORT, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. South Dakota.

November 10, 1954.

Attorney(s) appearing for the Case

Stordahl, May & Boe, Sioux Falls, S.D., for plaintiff.

James H. Durkin, Sp. Asst. to the Atty. Gen., Clinton G. Richards, U. S. Atty., Sioux Falls, S. D., for defendant.

MICKELSON, District Judge.

This matter is before the Court upon a motion to dismiss the complaint in the above entitled action, in which action plaintiff requests this Court to annul and set aside an order of the Interstate Commerce Commission, which order denied plaintiff's petition for a hearing to determine what commodities may be lawfully transported under the commodity description "fresh fruits and vegetables" in plaintiff's certificate of convenience and necessity...

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