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W. J. DILLNER TRANSFER COMPANY v. McANDREW

Civ. No. 62-1009.

226 F.Supp. 860 (1963)

W. J. DILLNER TRANSFER COMPANY, Plaintiff, v. Arthur Richard McANDREW, Jr., Defendant.

United States District Court W. D. Pennsylvania.

July 9, 1963.

Attorney(s) appearing for the Case

Ernie Adamson, Pittsburgh, Pa., for plaintiff.

Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

MARSH, District Judge.

In its "Complaint For Declaratory Judgment", plaintiff requests this court to "adjudge the common meaning and connotation" of the terminology in the Certificate of Public Convenience and Necessity granted plaintiff by the Interstate Commerce Commission on September 14, 1942. The matter is now before the court on defendant's "Motion to Dismiss With Prejudice", which alleges as grounds: (1) res adjudicata, (2) failure to join the Interstate Commerce...

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