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NATIONAL TRUCKING & STORAGE CO. v. PENNSYLVANIA R. CO.

Nos. 11989, 12519.

228 F.2d 23 (1955)

NATIONAL TRUCKING & STORAGE COMPANY, Inc., Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Appellee. NATIONAL TRUCKING & STORAGE COMPANY, Inc., a Corporation, Appellant, v. The UNITED STATES of America, and The Pennsylvania Railroad Company, a Corporation, and The Interstate Commerce Commission, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 29, 1955.

Attorney(s) appearing for the Case

Mr. Malcolm D. Miller, Washington, D. C., for appellant in both cases.

Mr. William F. Zearfaus, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, with whom Mr. Paul F. McArdle, Washington, D. C., was on the brief, for appellee Pennsylvania R. Co. in both cases.

Mr. C. H. Johns, Assistant General Counsel, Interstate Commerce Commission, with whom Mr. Edward M. Reidy, General Counsel, Interstate Commerce Commission, was on the brief, for appellee Interstate Commerce Commission in No. 12519.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

These two appeals were consolidated for hearing in this court. Although the litigation involved in No. 11989 was instituted earlier, our disposition of the cases makes consideration first of No. 12519 more logical.

I. In No. 12519 the National Trucking & Storage Company, Inc., appellant, usually referred to herein as the Trucking Company, filed suit in the District Court to set aside an order of the Interstate Commerce Commission....

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