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GILBERTVILLE TRUCKING CO. v. U. S.

No. 40.

371 U.S. 115 (1962)

GILBERTVILLE TRUCKING CO., INC., ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided December 3, 1962.

Attorney(s) appearing for the Case

Loyd M. Starrett, by special leave of Court, pro hac vice, argued the cause for appellants. With him on the briefs was Henry E. Foley.

Lionel Kestenbaum argued the cause for the United States et al. With him on the briefs were Solicitor General Cox, Assistant Attorney General Loevinger, Robert W. Ginnane and James Y. Piper.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

This case concerns disapproval by the Interstate Commerce Commission of a proposed merger on the ground that "control and management in a common interest" over the two applicant-carriers had been unlawfully effectuated prior to the merger application in violation of § 5 (4) of the Interstate Commerce Act, as amended, 54 Stat. 907, 49 U. S. C. § 5 (4).1

The applicant...

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