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WILLERS v. UNITED STATES

Civ. No. 934.

133 F.Supp. 270 (1955)

Frank A. WILLERS, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervenor.

United States District Court D. South Dakota, S. D.

August 9, 1955.

Attorney(s) appearing for the Case

R. A. Bielski, Sioux Falls, S. D., for plaintiff.

James E. Kilday and James H. Durkin, Sp. Assts. to Atty. Gen., Washington, D. C. (Stanley N. Barnes, Chicago, Ill., Asst. Atty. Gen. and Clinton G. Richards, U. S. Atty., Sioux Falls, S. D., on the brief), for defendant, United States.

C. H. Johns, Washington, D. C., Asst. Gen. Counsel (Edw. M. Reidy, Gen. Counsel, Washington, D. C., on the brief), for intervenor, Interstate Commerce Commission.

Before JOHNSEN, Circuit Judge, MICKELSON, Chief Judge, and NORDBYE, District Judge.

MICKELSON, Chief Judge.

This is a suit brought under 28 U.S. C.A. §§ 1336, 2284 and 2321-2325, to vacate, set aside and enjoin the enforcement of orders of the Interstate Commerce Commission entered on October 5, 1953 and May 4, 1954, in the proceedings entitled Frank A. Willers Common Carrier Application (Docket No. M.C. 106,307) and Frank A. Willers Extension to Indiana (Docket No. M.C. 106,307, Sub. No. 3), respectively. Plaintiff also prays that an informal...

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