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AMERICAN TRUCKING ASSOCIATIONS, INC. v. UNITED STATES

Civ. A. No. 2534-58.

170 F.Supp. 38 (1959)

AMERICAN TRUCKING ASSOCIATIONS, INC., The Contract Carrier Conference of American Trucking Associations, Inc., National Automobile Transporters Association, Convoy Company, Robertson Truck-A-Ways, Inc., Hadley Auto Transport, B & H Truckaway, Western Auto Transports, Inc., and Kenosha Auto Transport Corp., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Pacific Motor Trucking Company and General Motors Corporation, Intervening Defendants.

United States District Court District of Columbia.

January 20, 1959.

Attorney(s) appearing for the Case

Peter T. Beardsley, Charles W. Singer, Washington, D. C., for American Trucking Ass'ns, Inc., and Contract Carrier Conference.

Walter N. Bieneman, Detroit, Mich., Larry A. Esckilsen, Washington, D. C., for all other plaintiffs.

Robert W. Ginnane, Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, I. C. C., Washington, D. C., for Interstate Commerce Commission.

William P. Rogers, Atty. Gen., Oliver Gasch, U. S. Atty. for District of Columbia, Washington, D. C., for the United States.

Robert L. Pierce, William Meinhold, San Francisco, Cal., Edward M. Reidy, Thormund A. Miller, Washington, D. C., for intervener Pacific Motor Trucking Co.

Henry M. Hogan, Walter R. Frizzell, Detroit, Mich., Beverley S. Simms, Washington, D. C., for intervener General Motors Corp.

Before BASTIAN, Circuit Judge, and KEECH and CURRAN, District Judges.

KEECH, District Judge.

This is an action by certain motor carrier trade associations and motor carriers to set aside an order of the Interstate Commerce Commission entered September 9, 1958, which directed the issuance, under certain conditions, of motor contract carrier permits under § 209 (b) of the Interstate Commerce Act [49 U.S.C.A. § 309(b)] authorizing Pacific Motor Trucking Company of San Francisco, California...

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