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E. BROOKE MATLACK, INC. v. UNITED STATES

Civ. No. 15261.

119 F.Supp. 617 (1954)

E. BROOKE MATLACK, Inc. v. UNITED STATES et al.

United States District Court, E. D. Pennsylvania.

March 31, 1954.

Attorney(s) appearing for the Case

Paul F. Barnes, Shertz, Barnes & Shertz, Philadelphia, Pa., for E. Brooke Matlack, Inc.

Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday, John Guandolo, Special Assts. to Atty. Gen., W. Wilson White, U. S. Atty., Philadelphia, Pa., for the United States.

Edward M. Reidy, Chief Counsel, Nell Guinn, Washington, D. C., for Interstate Commerce Commission.

Before KALODNER, Circuit Judge, and KIRKPATRICK, Chief District Judge, and CLARY, District Judge.

CLARY, District Judge.

This action, to restrain the enforcement, operation and execution of an order of the Interstate Commerce Commission was heard by a three-judge court convened under the provisions of 28 U.S.C. § 2325, 28 U.S.C. § 2284, and 49 U.S.C.A. § 17(9). The order complained of denied in part the application of the plaintiff E. Brooke Matlack, Inc., hereinafter called "Matlack", for a certificate of public convenience and necessity relating...

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