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SCHULTZ TRANSIT, INC. v. UNITED STATES

Civ. A. No. 1-62-15.

208 F.Supp. 537 (1962)

SCHULTZ TRANSIT, INC., Schultz Leasing, Inc., and Watkins Products, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Minnesota, First Division.

August 27, 1962.

Attorney(s) appearing for the Case

Sidney S. Feinberg and Robins, Davis & Lyons, Minneapolis, Minn., for plaintiffs.

Norman A. Barth, Winona, Minn., for plaintiff Watkins Products, Inc.

Robert S. Burk, Atty., Interstate Commerce Commission, Washington, D. C.; Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C.; Lee Loevinger, Asst. Atty. Gen., Washington, D. C.; John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C.; and Miles W. Lord, U. S. Atty., Minneapolis, Minn., for defendants.

Before SANBORN, Circuit Judge, and NORDBYE and LARSON, District Judges.

PER CURIAM.

This action was brought by the plaintiffs on January 22, 1962, pursuant to 28 U.S.C. §§ 1336 and 1398, to set aside a cease-and-desist order of the Interstate Commerce Commission entered December 7, 1961, in its No. MC-C-2598, Schultz Transit, Inc., Investigation of Operations. The order was based upon a determination by the Commission in its Report of December 7, 1961, that "Schultz Transit, Inc., and Schultz Leasing, Inc., have been and are...

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