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McDOWALL TRANSPORT v. UNITED STATES

Civ. No. 623.

130 F.Supp. 681 (1955)

McDOWALL TRANSPORT, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Refrigerated Transport Co., Inc., Sidney Alterman, d/b/a Alterman Transport Lines of Miami, Florida, Central Truck Lines, Inc., Intervening Defendants.

United States District Court S. D. Florida, Orlando Division.

April 21, 1955.

Attorney(s) appearing for the Case

Warren H. Edwards, Orlando, Fla., and R. J. Reynolds, Jr., Atlanta, Ga., for plaintiff.

James E. Kilday, E. Riggs McConnell, Sp. Assts. to Atty. Gen., Stanley E. Barnes, Asst. Atty. Gen., and James L. Guilmartin, U. S. Atty., Miami, Fla., for defendant United States.

Edward M. Reidy, Gen. Counsel, and Asa J. Merrill, Atty., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Frank B. Hand, Jr., Washington, D. C., and John M. Allison, Tampa, Fla., for intervenors Alterman Transport Lines, Inc., and Central Truck Lines.

Allan Watkins, Atlanta, Ga., for intervenor Refrigerated Transport Co., Inc.

Before TUTTLE, Circuit Judge, and BARKER and SIMPSON, District Judges.

SIMPSON, District Judge.

Before us on final hearing in McDowall Transport, Inc.'s suit to enjoin as unlawful a cease and desist order of the Interstate Commerce Commission in its Docket MC-C-1355.

The issue before the Interstate Commerce Commission was limited to a determination of whether or not McDowall Transport, Inc., could legally transport "Frozen Fruit and Frozen Fruit Concentrate" by virtue of authority issued to it by the Commission to transport ...

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