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DEIOMA TRUCKING COMPANY v. UNITED STATES

Civ. A. No. C 64-50.

233 F.Supp. 782 (1964)

DEIOMA TRUCKING COMPANY, Baker Hi-Way Express, Inc., Watkins Trucking, Inc., and Fred Fairall Construction Company, Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and George W. Kugler, Inc., Intervening Defendant.

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

March 25, 1964.

Attorney(s) appearing for the Case

Edwin G. Reminger, Cleveland, Ohio, James E. Wilson and David C. Venable, Washington, D. C., for plaintiff.

Merle McCurdy, U. S. Atty., Cleveland, Ohio, Thos. H. Ploss, Office of Gen. Counsel, I. C. C., Washington, D. C., George, Greek, King & McMahon and John P. McMahon, Columbus, Ohio, Donald W. Hornbeck and Edward C. Crouch, Jr., of Marshman, Hornbeck, Hollington, Steadman & McLaughlin, Cleveland, Ohio, for defendant.

Before EDWARDS, Circuit Judge, CONNELL, Chief District Judge, and KALBFLEISCH, District Judge.

PER CURIAM.

George W. Kugler, Inc. requested authority from the Interstate Commerce Commission to operate as a contract carrier for the Robinson Clay Product Company. The Hearing Examiner filed an extensive report in which he recommended that most of the requested authority be granted. Carriers opposing the application, including plaintiffs herein, filed exceptions to that report. The Interstate Commerce Commission, Division 1, in a short form order, adopted the recommended...

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