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YOURGA v. UNITED STATES

Civ. A. No. 60-480.

191 F.Supp. 373 (1961)

John H. YOURGA, d/b/a John H. Yourga Trucking, Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and The Pennsylvania Railroad Company, a Corporation, et al., Intervenors.

United States District Court W. D. Pennsylvania.

January 25, 1961.

Attorney(s) appearing for the Case

Christian Graf, Harrisburg, Pa., for plaintiff.

Arthur J. Cerra, Washington, D. C., for defendants United States and Interstate Commerce Commission.

Donald Brinkworth, Pittsburgh, Pa., for Pennsylvania Railroad.

Richard A. Bishop, Washington, D. C., for Daniels Motor Freight.

John A. Vuono, Pittsburgh, Pa., for all other intervenors.

Before STALEY, Circuit Judge, and MARSH and WILLSON, District Judges.

WILLSON, District Judge.

This civil action was brought pursuant to Title 28 U.S.C.A. §§ 1336, 1398, 2284, 2321, 2322 and 2325. The three-judge court was empanelled to hear and determine the issues by order of Chief Judge Biggs of the Third Judicial Circuit, entered September 19, 1960. In his brief plaintiff's counsel has given us a summary of the proceedings had before the Interstate Commerce Commission which is substantially as follows:

"* * *...

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