RAILWAY EXPRESS AGENCY, Incorporated, Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
June 6, 1957.
June 6, 1957.
Attorney(s) appearing for the Case
Fulmer Long, Chicago, Ill., James V. Lione and William H. Marx, New York City, for plaintiff.
Robert W. Ginnane, Gen. Counsel, and H. Neil Garson, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.
Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Maurice A. Fitzgerald, Attys., Dept. of Justice, Washington, D. C., Paul Williams, U. S. Atty., and Harold J. Raby, Asst. U. S. Atty., New York City, for the United States.
Proskauer Rose Goetz & Mendelsohn, New York City, and Schnader, Harrison, Segal & Lewis, of Philadelphia, Pa., for United Parcel Service, Inc., Intervenor, Bernard G. Segal and Irving R. Segal, Philadelphia, Pa., S. Harrison Kahn, Washington, D. C., and Jacob Imberman, New York City, of counsel.
Before SWAN, Circuit Judge, and MURPHY and EDELSTEIN, District Judges.
United States District Court S. D. New York.
SWAN, Circuit Judge.
This case is before a three judge court convened pursuant to applicable statutory provisions.1 It has been heard upon the complaint, the answers thereto, the record made in an administrative proceeding before the Interstate Commerce Commission, and the briefs and arguments of counsel.
The action seeks annulment or suspension of two orders of the Commission, dated respectively September 24, 1956 and January...
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