CONSOLIDATED TRUCK SERVICE v. UNITED STATES

Civ. A. No. 2-55.

144 F.Supp. 814 (1956)

CONSOLIDATED TRUCK SERVICE, Inc., Plaintiff, and Ezra Taft Benson, Secretary of Agriculture of the United States, Intervening Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

September 28, 1956.


Attorney(s) appearing for the Case

Cole, Morrill & Berman, Paterson, N. J., for plaintiff.

Harry Ross, Jr., and Walter D. Matson, Washington, D. C., for U. S. Department of Agriculture.

Charles Hoens, Jr., Newark, N. J., Norah C. Taranto, Sp. Asst. Atty. Gen., for the United States.

Bernard A. Gould, New York City, for Interstate Commerce Commission.

William Hays, Winchester, Ky., for Yeary Transfer Co., intervenor.

Joseph H. Blackshear, Gainesville, Ga., for Watkins Motor Lines, Inc., and Louis Patz d/b as Harper Motor Lines, intervenors.

Toolan, Haney & Romond, James P. Haney, Perth Amboy, N. J., for American Trucking Ass'n, intervenor. Fritz R. Kahn, Washington, D. C., of counsel.

Joseph M. Scanlan, Chicago, Ill., for C. E. Weldon, d/b as Argo Collier Truck Lines, intervenor.

Milton, McNulty & Augelli, Anthony T. Augelli, Jersey City, N. J., for Peanut and Nut Salters Ass'n, National Confectioners Ass'n and Peanut Butter Mfg. Ass'n, amici curiae.

Before BIGGS, Circuit Judge, and MODARELLI and HARTSHORNE, District Judges.


BIGGS, Circuit Judge.

The plaintiff, Consolidated Truck Service, Inc., seeks to set aside an order of the Interstate Commerce Commission dated April 13, 1951, entered in a proceeding entitled Determination of Exempted Agricultural Commodities, Docket No. MC-C-968, reported at 52 M.C.C. 511, 537-539, insofar as it relates to certain raw shelled nuts.1 We have jurisdiction under Sections 1336, 1337, 1346, 1398, 2284, and 2321-2325, Title...

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