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STUDNA v. UNITED STATES

Civ. A. No. 13968-4.

225 F.Supp. 973 (1964)

Morris STUDNA, d/b/a Jett Motors, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court W. D. Missouri, W. D.

January 23, 1964.

Attorney(s) appearing for the Case

Kretsinger, Kretsinger & Edell, by Tom B. Kretsinger and John F. Edell, Kansas City, Mo., for plaintiff.

John H. D. Wigger, Dept. of Justice, Washington, D. C., F. Russell Millin, U. S. Atty., Kansas City, Mo., for defendants.

Francis A. Silver, Assoc. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

Before RIDGE, Circuit Judge, and OLIVER and BECKER, District Judges.

BECKER, District Judge.

In this action under Section 1336, Title 28 U.S.C.A. plaintiff, a wholesale automobile distributor, seeks to set aside certain orders of the Interstate Commerce Commission (hereinafter referred to as the Commission) requiring the plaintiff to cease and desist from his so-called "Plan 2" operations, hereinafter described.

On March 19, 1959, the Commission (acting through its Division 1) instituted an investigation under Section 204 ...

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