AIR DISPATCH, INC. v. UNITED STATES

Civ. A. No. 36000.

237 F.Supp. 450 (1964)

AIR DISPATCH, INC. v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court E. D. Pennsylvania.

December 22, 1964.


Attorney(s) appearing for the Case

Robert W. Ginnane, Leonard S. Goodman, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Ralph C. Busser, Jr., Philadelphia, for American Trucking Ass'n. & National Motor Freight Traffic Ass'n., intervening defendants.

Bryce Rea, Jr., Washington, D. C., for National Motor Freight Traffic Ass'n.

Richard McDevitt, Philadelphia, Robert J. Corber, Drew L. Carraway, John S. Fessenden, Washington, D. C., for National Bus Traffic Ass'n., Inc. and National Ass'n. of Motor Bus Owners.

Richard McDevitt, Philadelphia, Russell S. Bernhard, Washington, D. C., for Air Cargo, Inc.

Richard V. Zug, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Louis P. Haffer, Washington, D. C., for Air Freight Forwarders Ass'n.

Peter T. Beardsley, Richard R. Sigmond, Washington, D. C., for American Trucking Associations, Inc.

Arthur R. Littleton, Harold S. Shertz, Morgan, Lewis & Bockius, Philadelphia, for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Isaac S. Garb, Asst. U. S. Atty., Philadelphia, for defendants.

Robert Kennedy, U. S. Atty. Gen., John H. D. Wigger, Department of Justice, Washington, D. C., for United States.

Before FREEDMAN, Circuit Judge, and JOHN W. LORD, JR., and DAVIS, District Judges.


DAVIS, District Judge.

This action was instituted by the filing of a complaint to set aside the report, order and regulations adopted by the Interstate Commerce Commission (Commission or I. C. C.), on May 4, 1964 in No. MC-C-3437, Motor Transportation of Property Incidental to Transportation by Aircraft. A statutory three-judge court was impaneled pursuant to Title 28, U.S.Code, Sections 2284 and 2321-2325 (28 U.S.C.A. §§ 2284, 2321-2325). On June 23, 1964...

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