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AUCLAIR TRANSPORTATION, INC. v. UNITED STATES

Civ. A. No. 62-927.

221 F.Supp. 328 (1963)

AUCLAIR TRANSPORTATION, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Massachusetts.

September 6, 1963.

Attorney(s) appearing for the Case

Kenneth B. Williams, Boston, Mass., Peter T. Beardsley and Richard R. Sigmon, Washington, D. C., for plaintiff.

W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Lionel Kestenbaum and Joel E. Hoffman, Washington, D. C., for defendant United States.

Robert W. Ginnane, Gen. Counsel, H. Neil Garson, Assoc. Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

J. Joseph Maloney, Jr., Boston, Mass., William J. Taylor and William H. Marx, New York City, appeared for intervening defendant Railway Express Agency, Inc.

Before HARTIGAN, Circuit Judge, and GIGNOUX and CAFFREY, District Judges

CAFFREY, District Judge.

This is an action in which petitioners seek to set aside and enjoin a report and order of the Interstate Commerce Commission entered on October 5, 1962 granting intervenor-defendant Railway Express Agency, Inc. (REA) five certificates of public convenience and necessity authorizing REA to operate as a common carrier by motor-vehicle in interstate or foreign commerce of general commodities moving in express service over regular routes between...

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