COOPER'S EXPRESS, INC. v. I. C. C.

No. 6246.

330 F.2d 338 (1964)

COOPER'S EXPRESS, INC., Defendant, Appellant, v. INTERSTATE COMMERCE COMMISSION, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided April 10, 1964.


Attorney(s) appearing for the Case

Manuel Katz, Boston, Mass., with whom Paul T. Smith and Daniel Klubock, Boston, Mass., were on brief, for appellant.

John F. Curley, Regional Atty., Boston, Mass., with whom Bernard A. Gould, Asst. Director, Bureau of Inquiry and Compliance, Washington, D. C., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


HARTIGAN, Circuit Judge.

The primary question on this appeal from a preliminary injunction granted by the United States District Court for the District of Massachusetts on September 30, 1963, is the constitutionality of a search conducted by authorized agents of the Interstate Commerce Commission pursuant to Section 320(d) of Title 49 United States Code.

The section provides in part that:

"The Commission or its duly authorized special agents, accountants...

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