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I. C. C. v. CARDINALE TRUCKING CORPORATION

No. 13918.

308 F.2d 435 (1962)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellant, v. CARDINALE TRUCKING CORPORATION, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided September 28, 1962.

As Amended October 1, 1962.

Attorney(s) appearing for the Case

Larsh B. Mewhinney, Regional Attorney Interstate Commerce Commission, New York City (David M. Satz, Jr., U. S. Atty., Newark, N. J., Bernard A. Gould, Attorney Interstate Commerce Commission, Washington, D. C., Seymour Glanzer, Attorney Interstate Commerce Commission, New York City, on the brief), for petitioner.

Harold Krieger, Jersey City, N. J. (Benjamin Chodash and Krieger & Chodash, Jersey City, N. J., on the brief), for respondent.

Before McLAUGHLIN, STALEY and GANEY, Circuit Judges.

J. CULLEN GANEY, Circuit Judge.

This is an appeal from an order denying plaintiff-appellant's motion, filed January 15, 1960, for an injunction brought pursuant to § 222(b) of the Interstate Commerce Act, 49 U.S.C.A. § 322(b), to restrain defendant-appellee, pendente lite, from transporting property by motor vehicle allegedly beyond the scope of its authority. The substance of plaintiff's complaint in the District...

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