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CALVINE MILLS, INC. v. UNITED STATES

Civ. A. No. 1074-62.

221 F.Supp. 1019 (1963)

CALVINE MILLS, INC. and G & W Transfer Company, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

July 26, 1963.

Attorney(s) appearing for the Case

August W. Heckman, Jersey City, N. J., for plaintiffs Calvine Mills, Inc., and G & W Transfer Company, Inc.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., David M. Satz, Jr., U. S. Atty., Jerome Schwitzer, Asst. U. S. Atty., Newark, N. J., for the United States.

Robert W. Ginnane, Gen. Counsel, Thomas H. Ploss, Atty., Interstate Commerce Comm'n, Washington, D. C., for Interstate Commerce Commission.

Before McLAUGHLIN, Circuit Judge, and AUGELLI and SHAW, District Judges.

McLAUGHLIN, Circuit Judge.

The fundamental question in this case is whether in the operation involved, plaintiff G & W Transfer Company, Inc., has engaged in for-hire motor carriage with plaintiff Calvine Mills, Inc. participating therein, subject to regulation under Part II of the Interstate Commerce Act.

In 1958, G & W entered into a written lease with Calvine whereby it leased certain listed tractors and trailers to Calvine for a rental based on...

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