COMMERCIAL BARGE LINES, INC. v. UNITED STATES

Civ. A. No. 17142.

166 F.Supp. 867 (1958)

COMMERCIAL BARGE LINES, INC., American Commercial Barge Line Company, and Commercial Transport Corporation, Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court E. D. Michigan, S. D.

August 21, 1958.


Attorney(s) appearing for the Case

Sparkman D. Foster, Detroit, Mich., Richard J. Hardy, Harold E. Spencer, Nuel D. Belnap, Chicago, Ill., for plaintiffs.

Fred W. Kaess, U. S. Atty., Detroit, Mich., Victor R. Hansen, Asst. Atty. Gen., for United States.

Ribert W. Ginnane, John F. Cushman, Washington, D. C., for Interstate Commerce Commission.

William A. Walker, Walter A. Kleinert, Detroit, Mich., Carl Helmetag, Jr., James N. Mullen, Philadelphia, Pa., James W. Nisbet, J. D. Feeney, Jr., Chicago, Ill., Harry C. Ames, Washington, D. C., Stuart B. Bradley, Chicago, Ill., R. Granville Curry, Frederick M. Dolan, Donald Macleay and Russell S. Bernhard, Washington, D. C., for intervening defendants.

Before SIMONS, Chief Judge, Court of Appeals for the Sixth Circuit, and THORNTON and O'SULLIVAN, District Judges.


THORNTON, District Judge.

A statutory three-judge court was convened pursuant to the complaint filed herein which reads as follows:

"I. "This is a civil action brought to restrain, annul, enjoin and set aside a report and order of the Interstate Commerce Commission, hereinafter termed `Commission', entered on March 20, 1957, in a proceeding entitled Commercial Transport Corporation—Exemption...

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