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BALLENTINE PRODUCE, INC. v. UNITED STATES

Civ. A. No. 1619.

209 F.Supp. 679 (1962)

BALLENTINE PRODUCE, INC., a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Regular Common Carrier Conference of the American Trucking Association, Inc., et al., Intervenors.

United States District Court W. D. Arkansas, Fort Smith Division.

September 17, 1962.

Attorney(s) appearing for the Case

John H. Joyce, Fayetteville, Ark. (A. Alvis Layne, Lester M. Bridgeman, and Nancy Pyeatt, Washington, D. C., were with him on the brief), for plaintiff.

Charles M. Conway, U. S. Atty., Western District of Arkansas, Fort Smith, Ark. (Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., on the brief for the United States; Robert W. Ginnane, Gen. Counsel, and Fritz R. Kahn, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., on the brief for Interstate Commerce Commission).

Heartsill Ragon of Warner, Warner & Ragon, Fort Smith, Ark. (R. Edwin Brady, Washington, D. C., Harry J. Breithaupt, Jr., Washington, D. C., T. Randolph Buck, Richmond, Va., James G. Lane, Boston, Mass., James W. Nisbet, Chicago, Ill., and Ed White, Chicago, Ill., were with him on the brief), for intervening defendants.

Before JOHNSEN, Circuit Judge, and MILLER and HENLEY, District Judges.

PER CURIAM.

Jurisdiction of this Court is predicated upon 49 U.S.C.A. § 305(b) and 305(h); 28 U.S.C.A. §§ 1336, 1398, 2284, 2321-2325. The case has been heard by a district court of three judges as required by 28 U.S.C.A. § 2325.1

Plaintiff, a motor carrier incorporated under the laws of Arkansas, has brought this action to enjoin enforcement of a certain order of the Interstate Commerce Commission served August...

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