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MALONE FREIGHT LINES v. UNITED STATES

Civ. A. No. 8220.

143 F.Supp. 913 (1956)

MALONE FREIGHT LINES, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Alabama, S. D.

February 29, 1956.

Attorney(s) appearing for the Case

Maurice F. Bishop, Birmingham, Ala., for plaintiff.

Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday and Charles R. Esherick, Attys., Dept. of Justice, Washington, D. C., and Atley A. Kitchings, Acting U. S. Atty., Birmingham, Ala., for the United States.

Robert W. Ginnane, Gen. Counsel, and Leo H. Pou, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

Before RIVES, Circuit Judge, LYNNE, Chief Judge, and GROOMS, District Judges.

GROOMS, District Judge.

The jurisdiction of this court is invoked and venue laid under Title 28, Sections 1336, 2284, 2321-2325, inclusive, of the United States Code.

This action seeks to have the Court set aside, vacate and permanently enjoin the enforcement of an order of the Interstate Commerce Commission (hereinafter referred to as the "Commission") designated as "Investigation and Suspension Docket No. M-5922, Drugs from Greensboro, N. C., to Memphis...

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