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COMMUNITY & JOHNSON CORP. v. UNITED STATES

Civ. A. No. 766-57.

156 F.Supp. 440 (1957)

COMMUNITY & JOHNSON CORP., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

November 21, 1957.

Attorney(s) appearing for the Case

George I. Marcus, Hackensack, N. J., Homer S. Carpenter, Washington, D. C., for plaintiff.

James E. Kilday, Bill G. Andrews, Attys. Dept. of Justice, Washington, D. C., Raymond Del Tufo, Jr., U. S. Atty., Newark, N. J., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Atty., Washington, D. C., for defendant Interstate Commerce Commission.

Before GOODRICH, Circuit Judge, and WILLIAM F. SMITH and WORTENDYKE, District Judges.

GOODRICH, Circuit Judge.

This is an action to set aside those parts of an Interstate Commerce Commission order which denied the petitioner's request for an extension of its operating authority. The case is before us under the authority of 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325.

The plaintiff, Community & Johnson Corp. (hereafter called C. & J.) is engaged in the business of moving household goods from place to place. C. & J. derives...

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