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ACME FAST FREIGHT v. UNITED STATES

154 F.Supp. 239 (1957)

ACME FAST FREIGHT, Inc., Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, National Motor Freight Traffic Association, Inc., The Eastern Central Motor Carriers Association, Inc., Intervening Defendants.

United States District Court S. D. New York.

May 13, 1957.

Attorney(s) appearing for the Case

George H. Leonard, New York City, for plaintiff.

Victor R. Hansen, Asst. Atty. Gen., Anti-Trust Division Dept. of Justice, by E. Riggs McConnell, Washington, D. C., and Paul Williams, U. S. Atty. for the Southern District of New York, New York City, by Robert J. Ward, Asst. U. S. Atty., New York City, for United States.

Robert W. Ginnane, Gen. Counsel by H. Neil Garson, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

William C. Chanler, New York City, John C. Bradley, Edgar Watkins, Washington, D. C., for intervenors. Winthrop, Stimson, Putnam & Roberts, New York City, Rice, Carpenter & Carraway, Watkins & Rea, Washington, D. C., of counsel.

Before LUMBARD, Circuit Judge, and DIMOCK and WALSH, District Judges.

PER CURIAM.

This is an action to enjoin, set aside and annul an order of the Interstate Commerce Commission1 directing plaintiff to cease and desist from maintaining an unlawful terminal area. The complaint is dismissed.

Plaintiff is a freight forwarder operating in 246 cities throughout the United States including the Oakland-San Francisco Bay area. Its function is to assemble less than carload lots of freight into carload lots...

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