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CLARK TRANSPORT COMPANY v. I.C.C.

No. 4-63-Civil-399.

228 F.Supp. 236 (1963)

CLARK TRANSPORT COMPANY, Plaintiff, v. INTERSTATE COMMERCE COMMISSION and The United States of America, Defendants, and K. W. McKee, Incorporated, Intervenor-Defendants.

United States District Court D. Minnesota, Fourth Division.

December 20, 1963.

Attorney(s) appearing for the Case

Clay R. Moore, Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, Minn., for plaintiff.

Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

William H. Orrich, Jr., Asst. Atty. Gen., Washington, D. C., and Miles Lord, U. S. Atty., Minneapolis, Minn., for the United States.

Harrison P. Dilworth and Robert Elliott, Jr., Janes & Elliott, St. Paul, Minn., for intervenor-defendant McKee.

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

DEVITT, District Judge.

Several motions have been filed and argued in this appeal to a three-judge statutory court from a decision of the Interstate Commerce Commission.

Plaintiff is an Illinois corporation with headquarters in Chicago. For several years it has been hauling new cars of Ford manufacture in secondary movements from the St. Paul-Minneapolis area to points in North Dakota by the truckaway method. In...

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