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MIDDLEWEST MOTOR FREIGHT BUREAU v. UNITED STATES

No. 3-64-Civ. 89.

234 F.Supp. 151 (1964)

MIDDLEWEST MOTOR FREIGHT BUREAU, Midwest Motor Express, Inc., Mercury Motor Freight Lines, Inc., Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants, v. NORTHERN PACIFIC RAILWAY COMPANY, Intervenor.

United States District Court D. Minnesota, Third Division.

August 24, 1964.

Attorney(s) appearing for the Case

George D. Michalson, Kansas City, Mo., and Thomas G. Lovett, Jr., Minneapolis, Minn., for plaintiffs.

Clarence William Vandergrift, Atty., Office of Gen. Counsel, and Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., John H. D. Wigger and William Orrick, Jr., Attys., Dept. of Justice, Washington, D. C., and Miles W. Lord, U. S. Atty., Minneapolis, Minn., for defendants.

Earl F. Requa, Frank S. Farrell and Reginald Ames, St. Paul, Minn., for intervenor.

Before BLACKMUN, Circuit Judge, and DONOVAN and LARSON, District Judges.

LARSON, District Judge.

This is an action to set aside an Order of the Interstate Commerce Commission (Commission). Jurisdiction in this Court is based on 28 U.S.C. § 1336, 28 U.S.C. §§ 2321-2325, 28 U.S.C. § 2284, 49 U.S.C. § 305(g) and 5 U.S.C. § 1009(c).

This case arises out of the third attempt by the motor carriers to regain the Bismarck-Mandan to the Twin Cities leg of butter traffic from North Dakota to the east coast which...

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