FROZEN FOOD EXPRESS v. UNITED STATES

Civ. A. 8285.

148 F.Supp. 399 (1956)

FROZEN FOOD EXPRESS v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court S. D. Texas, Houston Division.

December 31, 1956.


Attorney(s) appearing for the Case

Phinney & Hallman (Carl L. Phinney) Dallas, Tex., for plaintiff.

Walter D. Matson, U. S. Dept. of Agriculture, Washington, D. C., for U. S. Dept. of Agriculture.

James H. Durkin, U. S. Dept. of Justice, Washington, D. C., for the United States.

Leo H. Pou, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Peter T. Beardsley, Washington, D. C., for American Trucking Ass'ns, Inc.

Dale C. Dillon, Washington, D. C., for Common Carrier Conference-Irregular Route and Contract Carrier Conference.

Carl Helmetag, Philadelphia, Pa., and James W. Nisbet, Chicago, Ill., for Class I Railroads.

Before HUTCHESON, Chief Circuit Judge, and CONNALLY and KENNERLY, District Judges.


CONNALLY, District Judge.

The history of this litigation and the issues which it raises are fully reflected in the opinion of this Court on original submission, 128 F.Supp. 374, to which reference is here made. Our dismissal of the action on that occasion, on the ground that the challenged order of the Interstate Commerce Commission was one not subject to judicial review, was reversed by the Supreme Court, 351 U...

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