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J. B. ACTON, INC. v. UNITED STATES

Civ. A. No. 13879-4.

221 F.Supp. 174 (1963)

J. B. ACTON, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, J. L. Cox & Son, Inc., Parkhill Truck Company, J. O. (Red) Willett Pipe Line Stringing Corporation, Dunn Bros., Inc., Middlewest Freightways, Inc., the Chief Freight Lines Company, Intervening Defendants.

United States District Court W. D. Missouri, W. D.

September 9, 1963.

Attorney(s) appearing for the Case

Wrape & Hernly, by James W. Wrape, James N. Clay III, Memphis, Tenn., Waters & Morris, by Harry A. Morris, Kansas City, Mo., for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., F. Russell Millin, U. S. Atty., Kansas City, Mo., for the United States.

Robert W. Ginnane, Gen. Counsel, Francis A. Silver, Assoc. Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Kretsinger & Kretsinger, by Tom B. Kretsinger, Thomas J. Cox, Jr., Kansas City, Mo., for intervening defendants.

Before RIDGE, Circuit Judge, GIBSON, Chief Judge, and BECKER, District Judge.

BECKER, District Judge.

This is a proceeding brought by J. B. Acton, Inc. (hereinafter referred to as Acton) under Title 28 U.S.C.A. §§ 1336, 2284 and 2321 to 2325, to restrain, annul, enjoin and set aside an order of the Interstate Commerce Commission (hereinafter referred to as the Commission) dated April 3, 1962, entered in Docket No. MC-C-2985, J. B. ACTON, INC., Investigation and Revocation, 89 M.C.C. 59.

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