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CONSOLIDATED TRUCK SERVICE, INC. v. UNITED STATES

Civ. A. No. 479.

193 F.Supp. 773 (1960)

CONSOLIDATED TRUCK SERVICE, INC., a corporation of the State of New Jersey, Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, an Administrative Agency of the United States of America, Defendants.

United States District Court D. New Jersey.

July 7, 1960.

Attorney(s) appearing for the Case

Cole, Berman & Garth, by Leonard I. Garth, Paterson, N. J., for plaintiff.

Chester A. Weidenburner, U. S. Atty., by Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., for United States.

H. Neil Garson, Washington, D. C., for Interstate Commerce Commission.

Robert Artz, Philadelphia, Pa., for Pennsylvania R. Co., intervenor.

Before FORMAN, Circuit Judge, and MEANEY and HARTSHORNE, District Judges.

FORMAN, Circuit Judge.

This is an action brought by Consolidated Truck Service, Inc., hereinafter called Consolidated, in which it seeks a preliminary and permanent injunction enjoining the Interstate Commerce Commission from carrying into effect its order entered under Section 216(g) of the Interstate Commerce Act, 49 U.S.C.A. § 316(g) in which the Commission suspended certain rate schedules proposed by Consolidated and instituted an investigation concerning...

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