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GREYHOUND CORPORATION v. UNITED STATES

Civ. A. No. 62 C 983.

221 F.Supp. 440 (1963)

GREYHOUND CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Carolina Scenic Stages, Intervenor-Defendant.

United States District Court N. D. Illinois, E. D.

September 11, 1963.

Attorney(s) appearing for the Case

Robert J. Bernard and Peter K. Nevitt, Edmund J. Kenny, Chicago, Ill.; Winston, Strawn, Smith & Patterson, Chicago, Ill., of counsel, for plaintiff Greyhound Corp.

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

Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Dept. of Justice, Washington, D. C., and James P. O'Brien, U. S. Atty. for the Northern District of Illinois, Chicago, Ill., for defendant United States.

Joseph M. Scanlan, Chicago, Ill., and Wilmer A. Hill, Washington, D. C.; Ames, Hill & Ames, Washington, D. C., of counsel, for intervenor-defendant Carolina Scenic Stages.

Before KILEY, Circuit Judge, LA BUY, Senior District Judge, and WILL, District Judge.

WILL, District Judge.

In this action under Title 28 U.S.C. §§ 1336, 2284 and 2321-2325, Greyhound challenges the validity of two orders of the Commission, dated August 31, 1961, and January 12, 1962, under which Carolina is authorized to operate regular direct service over an alternate route between Columbia and Orangeburg, South Carolina. The orders in question were issued by the Commission under section (c) (8) (i) of what are known as its Deviation Rules...

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