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LIFSCHULTZ v. UNITED STATES

144 F.Supp. 606 (1956)

Sidney B. LIFSCHULTZ, Ida Lifschultz, Bernice Brown, Rose Grossman, Nora Bergman, and American National Bank and Trust Co. of Chicago, as Executor of the Estate of Samuel E. Lifschultz, deceased, as co-partners doing business as Lifschultz Fast Freight, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

June 21, 1956.

Attorney(s) appearing for the Case

Reich, Spitzer & Feldman, New York City (M. James Spitzer and Jack B. Levitt, New York City, of counsel), for plaintiffs.

Stanley N. Barnes, Asst. Atty. Gen., Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City, James E. Kilday and John Bodner, Jr., Attys., Dept. of Justice, Washington, D. C., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Leo H. Pou, Associate Gen. Counsel, I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

James L. Givan, Washington, D. C., and S. S. Eisen, New York City, for intervenors, Acme Fast Freight, Inc., and Universal Carloading & Distributing Co., Inc.

Before LUMBARD, Circuit Judge, and NOONAN and HERLANDS, District Judges.

HERLANDS, District Judge.

This is an action to enjoin and vacate and annul a report and two orders of the Interstate Commerce Commission.

The question to be decided is: Did the Interstate Commerce Commission properly deny plaintiffs' application for a territorial enlargement of plaintiffs' permit because of the applicant's prior illegal transactions?

The parties before us are: (1) the plaintiffs-partners...

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