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NEUENDORF TRANSPORTATION CO. v. UNITED STATES

No. 2832.

145 F.Supp. 672 (1956)

NEUENDORF TRANSPORTATION CO., a corporation, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant, and Steffke Freight Co., a corporation, Intervener.

United States District Court E. D. Wisconsin.

October 31, 1956.

Attorney(s) appearing for the Case

Philip H. Porter, Madison, Wis., for plaintiff.

Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Maurice A. Fitzgerald, Dept. of Justice, Washington, D. C., for defendant, United States.

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

Glenn W. Stephens, Madison, Wis., for intervening defendant, Steffke Freight Co.

Before DUFFY, Chief Judge, and STONE and GRUBB, District Judges.

GRUBB, District Judge.

This action was brought attacking certain orders of the Interstate Commerce Commission. Clarence J. Neuendorf made application to the Commission on January 30, 1936 for a permit to operate as a contract carrier under the so-called "grandfather clause" of the Interstate Commerce Act, section 206(a) (1), 49 U. S.C.A. § 306(a) (1). At a later date his business was taken over by a co-partnership and still later was acquired by this plaintiff...

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