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WINTER GARDEN COMPANY v. UNITED STATES

Civ. A. No. 4413.

211 F.Supp. 280 (1962)

The WINTER GARDEN COMPANY, Inc., the Winter Garden Freezer Company, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court E. D. Tennessee, N. D.

As Amended December 19, 1962.

Attorney(s) appearing for the Case

Frantz, McConnell & Seymour, Knoxville, Tenn., Herbert Glazer, Memphis, Tenn., Wm. J. Augello, Jr., New York City, for plaintiffs.

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., John H. D. Wigger, Department of Justice, Washington, D. C., Robert Ginnane, General Counsel, and Fritz R. Kahn, Asst. General Counsel, Interstate Commerce Commission, Washington, D. C., Lee Loevinger, Asst. Atty. Gen., Washington, D. C., for defendants.

Before SHACKELFORD MILLER, Jr., Circuit Judge, DARR, Senior District Judge, and ROBERT L. TAYLOR, District Judge.

This is a combined action by The Winter Garden Company (hereinafter referred to as Garden) and by The Winter Garden Freezer Company (hereinafter referred to as Freezer) against the United States of America and the Interstate Commerce Commission (hereinafter called the Commission) to annul and set aside among other things the Commission's Orders of June 30, 1961 and December 26, 1961 relating to the "Grandfather" Application of Garden (No. MC-118025, referred to herein as...

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