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KEYSTONE MOTOR EXPRESS, INC. v. UNITED STATES

Civ. A. No. 2629.

228 F.Supp. 793 (1964)

KEYSTONE MOTOR EXPRESS, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, et al., Intervening Defendants.

United States District Court S. D. West Virginia, Charleston Division.

April 21, 1964.

Attorney(s) appearing for the Case

Jenkins & Jenkins, by C. Robert Schaub, Huntington, W. Va., and George, Greek, King & McMahon, by John P. McMahon, Columbus, Ohio, for plaintiff Keystone Motor Express, Inc.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Harry G. Camper, Jr., U. S. Atty., Charleston, W. Va., for defendant the United States.

Robert W. Ginnane and Fritz R. Kahn, Washington, D. C., for intervening defendant Interstate Commerce Commission.

Macdonald & McInerny, by James W. Lawson, Washington, D. C., Wood, Hanna, Bartlett & Bias, by Homer W. Hanna, Jr., Charleston, W. Va., and McChesney & Kinker, by Harry V. McChesney, Jr., Frankfort, Ky., for intervening defendants Bell Lines, Inc., Point Express, Inc., Reinhardt Transfer Co., Braddock Motor Freight, Inc., and Huber & Huber Motor Express, Inc.

Before BOREMAN, Circuit Judge, and FIELD and PAUL, District Judges.

PER CURIAM:

This is an action to enjoin, set aside, annul and suspend in its entirety an order of the Interstate Commerce Commission. Jurisdiction is vested in this Court pursuant to 49 U.S.C. § 17(9), 17(6) and Title 28 U.S.C. §§ 1336, 1398, 2284 and §§ 2321 to 2325, inclusive. The principal issue in this controversy involves what plaintiff alleges are or should be its rights with respect to the transportation of general commodities in an...

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