FRISCO TRANSPORTATION COMPANY v. UNITED STATES

No. 10272(1).

153 F.Supp. 572 (1957)

FRISCO TRANSPORTATION COMPANY, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission et al., Defendants.

United States District Court E. D. Missouri, E. D.

June 28, 1957.


Attorney(s) appearing for the Case

John E. McCullough, Ernest D. Grinnell, Jr., A. J. Baumann, St. Louis, Mo., for plaintiff, Frisco Transp. Co., a corporation.

Wayne H. Bigler, Jr., Asst. U. S. Atty., St. Louis, Mo., and Maurice A. Fitzgerald, Atty., Dept. of Justice, Washington, D. C., for United States of America, defendant.

C. H. Johns, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., and Wayne H. Bigler, Jr., Asst. U. S. Atty., St. Louis, Mo., for Interstate Commerce Commission, defendant.

B. W. LaTourette, St. Louis, Mo., for Viking Freight Co., Be-Mac Transp. Co., C. E. S. Truck Lines and L. A. Tucker Truck Lines, intervenors.

Peter T. Beardsley, Washington, D. C., for American Trucking Ass'n, Inc., and its Regular Common Carrier Conference, intervenors.

Carroll J. Donohue, St. Louis, Mo., and James L. Highsaw, Washington, D. C., for Railway Labor Executives Ass'n, intervenors.

Wentworth E. Griffin, Kansas City, Mo., for Campbell "66" Express, intervenor.

Before VAN OOSTERHOUT, Circuit Judge, and HARPER and MOORE, District Judges.


HARPER, Judge.

This is an action by the Frisco Transportation Company, a wholly owned subsidiary of the St. Louis-San Francisco Railway Company, to enjoin, set aside, suspend and annul an order of the Interstate Commerce Commission entered on December 7, 1953, which order purports to cancel certain certificates, and at the same time new or amended certificates would be issued.

This court has jurisdiction of the...

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