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HEWITT-ROBINS INC. v. EASTERN FREIGHT-WAYS, INC.

No. 268, Docket 26685.

293 F.2d 205 (1961)

HEWITT-ROBINS INCORPORATED, Plaintiff-Appellant, v. EASTERN FREIGHT-WAYS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 25, 1961.

Attorney(s) appearing for the Case

Harry Teichner, Brooklyn, N. Y., for plaintiff-appellant.

Goldman & Drazen, New York City (Milton D. Goldman and Wilfred R. Caron, New York City, on the brief), for defendant-appellee.

Before HINCKS and MOORE, Circuit Judges, and BRENNAN, District Judge.

BRENNAN, District Judge.

The question involved in this litigation requires the application of the provisions of the Interstate Commerce Act (49 U.S. C.A. §§ 301-327), sometimes known as the Motor Carrier Act, to the facts disclosed in the complaint. The Court below held the complaint to be insufficient under Rules 12 (b), 12 (c) and 56 F.R.Civ. P., 28 U.S.C.A., to present a justiciable issue. A brief statement of facts is set out below.

During the...

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