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BURLINGTON-CHICAGO CARTAGE, INC. v. UNITED STATES

No. P-2240.

178 F.Supp. 857 (1959)

BURLINGTON-CHICAGO CARTAGE, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court S. D. Illinois, N. D.

November 27, 1959.

Attorney(s) appearing for the Case

James E. Lesh, Lesow & Lesh, Indianapolis, Ind., for plaintiff.

Harlington Wood, Jr., U. S. Atty., Springfield, Ill., for defendant, United States.

Carroll T. Prince, Jr., Asst. Gen. Counsel, Washington, D. C., for intervening defendant, Interstate Commerce Commission.

Before CASTLE, Circuit Judge, and MERCER and POOS, District Judges.

MERCER, District Judge.

By its complaint against the United States of America, plaintiff seeks to review several orders of the Interstate Commerce Commission and prays that such orders be vacated and set aside. By order entered July 27, 1959, the Interstate Commerce Commission was joined as an intervening defendant.

Defendants, by their joint answer, averred, that the complaint fails to state a cause of action, basing that position principally upon the decision...

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