No. 4-57-Civ.-65.

169 F.Supp. 826 (1959)

QUICKIE TRANSPORT COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and Indianhead Truck Line, Inc., and Schirmer Transportation Company, Intervening Defendants.

United States District Court D. Minnesota, Fourth Division.

January 30, 1959.

Attorney(s) appearing for the Case

Gordon Rosenmeier, Little Falls, Minn., for plaintiff. James E. Wilson, Washington, D. C., of counsel.

Fallon Kelly, U. S. Atty., St. Paul, Minn., Kenneth G. Owens, Asst. U. S. Atty., St. Paul, Minn., Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Willard R. Memler, Attys., Dept. of Justice, Washington, D. C., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Washington, D. C., and Francis A. Silver, Associate Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

Glenn W. Stephens, Madison, Wis., for intervening defendant Indianhead Truck Line, Inc. Stephens, Bieberstein, Cooper & Bruemmer, Madison, Wis., of counsel.

Donald A. Morken, Minneapolis, Minn., for intervening defendant Schirmer Transp. Co., Mackall, Crounse, Moore & Helmey, Minneapolis, Minn., of counsel.

Before SANBORN, Circuit Judge, and DONOVAN and DEVITT, District Judges.

DEVITT, District Judge.

This is an action to vacate and set aside an order of the Interstate Commerce Commission, dated July 2, 1956, which denied plaintiff's application for irregular route operating rights as a common carrier of petroleum from a recently constructed oil refinery near Pine Bend, Dakota County, Minnesota to certain points in Wisconsin and the upper peninsula of Michigan.

The Commission's denial of plaintiff's application was made in a consolidated...


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