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ANDREW G. NELSON, INC. v. UNITED STATES

Civ. A. 55-C-2302.

150 F.Supp. 181 (1956)

ANDREW G. NELSON, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Advance Transportation Co., Inc., et al., Intervening Defendants.

United States District Court N. D. Illinois, E. D.

June 13, 1956.

Attorney(s) appearing for the Case

Paul E. Blanchard, Washington, D. C., William F. Price and Victor L. Lewis, Chicago, Ill., for plaintiff.

Robert Tieken, U. S. Atty., Chicago, Ill., James E. Kilday and James H. Durkin, Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Comm.

Eugene L. Cohn and Bernard G. Colby, Chicago, Ill., for certain intervenors.

Before FINNEGAN, Circuit Judge, and LA BUY and PERRY, District Judges.

FINNEGAN, Circuit Judge.

Andrew G. Nelson, Inc., plaintiff, invoked a statutory three-judge district court, 28 U.S.C. §§ 1336, 2284, 2325, to enjoin and annul a cease and desist order of the Interstate Commerce Commission, dated March 3, 1955, in Docket No. MC-C-1610, reported in 63 M.C.C. 407 (1955). The challenged order is a culmination of hearings initiated by the Commission under § 204(c) and § 212(a) of the Interstate Commerce Act,

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