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BIRD TRUCKING COMPANY v. UNITED STATES

No. 2551.

159 F.Supp. 717 (1955)

BIRD TRUCKING COMPANY, a corporation, and H. A. Dallman, doing business as Dallman Truck Lines, Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court W. D. Wisconsin.

September 23, 1955.

Attorney(s) appearing for the Case

Dineen, Gleason, Shaughnessy & Dineen, Milwaukee, Wis., Fairchild, Charne & Kops, Milwaukee, Wis., of counsel, for plaintiffs.

Stanley N. Barnes and James E. Kilday and John H. D. Wigger, Sp. Assts. to Atty. Gen., and George E. Rapp, U. S. Atty., Madison, Wis., for the United States.

Edward M. Reidy, Samuel R. Howell, Washington, D. C., and Hugh E. Lillie, Chicago, Ill., for Interstate Commerce Commission.

Before DUFFY, Circuit Judge, and STONE and TEHAN, District Judges.

DUFFY, Circuit Judge.

This is a suit to enjoin and set aside an order of the Interstate Commerce Commission entered November 17, 1952, reported in 61 M.C.C. 311.

On June 1, 1935, John C. Bird was a common carrier by motor vehicle operating between Chicago, Illinois, and certain points in Wisconsin. He died in 1941 and his widow, Julia Bird, carried on the operation until 1945. William F. Schaefer then purchased the business and thereafter a portion of the...

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