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GARDEN CITY FLORAL v. UNITED STATES

No. 1858.

143 F.Supp. 609 (1956)

GARDEN CITY FLORAL, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Montana, Great Falls Division.

August 25, 1956.

Attorney(s) appearing for the Case

Leo Graybill, Jr., Great Falls, Mont., for plaintiff.

Victor R. Hansen, Asst. Atty. Gen., James E. Kilday, Frederica S. Brenneman, Attys., Dept of Justice, Washington, D. C., Krest Cyr, U. S. Dist. Atty., Butte, Mont., for defendant, United States of America.

Robert W. Ginnane, Gen. Counsel, C. H. Johns, Isaac K. Hay, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission, defendant.

Leo Graybill, Jr., Great Falls, Mont., for Montana Florists Assn., plaintiff in intervention.

John H. Weaver, Great Falls, Mont., Elmer F. Slovacek, Chicago, Ill., for Railway Express Agency, intervener.

Before POPE, Circuit Judge, PRAY, Chief Judge, and BOLDT, District Judge.

PER CURIAM.

This is an action brought for the purpose of enjoining the operation or enforcement of a so-called "report" issued by the Interstate Commerce Commission on March 5, 1956. The report was issued in proceedings initiated before the Commission by petition filed by Railway Express Agency, Inc., seeking an investigation as to whether intrastate rates and charges on express traffic within the State of Montana were such as to cause an undue, unreasonable, or unjust...

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