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ACME FAST FREIGHT v. UNITED STATES

Civ. A. No. 1763.

146 F.Supp. 369 (1956)

ACME FAST FREIGHT, Inc., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Delaware.

September 28, 1956.

Attorney(s) appearing for the Case

James L. Latchum (of Berl, Potter & Anderson), Wilmington, Del., and Harry C. Ames (of Ames, Hill & Ames), Washington, D. C., for plaintiffs.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., and John H. D. Wigger, Washington, D. C., for the United States.

Isaac K. Hay, Washington, D. C., for Interstate Commerce Commission.

Daniel O. Hastings and Russell J. Willard, Jr. (of Hastings, Lynch & Taylor), Wilmington, Del., S. S. Eisen, New York City, and Raoul Berger, Washington, D. C., for Republic Carloading Co., intervenor.

Before BIGGS, Circuit Judge, LEAHY, Chief Judge, and RODNEY, District Judge.

LEAHY, Chief Judge.

Findings of Fact

This action is before a three-judge court1 whereby plaintiffs seek an interlocutory injunction and an order setting aside as void an order of the Interstate Commerce Commission, Division 4,2 and pending final adjudication to enter the interlocutory injunction against the enforcement of the Commission's order of May 24, 1955.3

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