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KENOSHA AUTO TRANSPORT CORPORATION v. UNITED STATES

No. 61-C-274.

236 F.Supp. 568 (1964)

KENOSHA AUTO TRANSPORT CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court E. D. Wisconsin.

December 28, 1964.

Attorney(s) appearing for the Case

Neal E. Madisen and Harry G. Holz, Milwaukee, Wis., Lawrence S. Ruetz, Kenosha, Wis., of counsel, for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Milwaukee, Wis., for defendant.

Robert W. Ginnane, Gen. Counsel, Fritz R. Kahn and Thomas H. Ploss, Attys., Interstate Commerce Commission, Washington, D. C., for intervening defendant.

Before DUFFY, Circuit Judge, and TEHAN and GRUBB, District Judges.

GRUBB, District Judge.

Kenosha Auto Transport Corporation (hereinafter called "Kenosha") brings this action seeking to set aside, annul, and vacate an order of the Interstate Commerce Commission and to enjoin enforcement thereof. As required by §§ 2325 and 2284 of Title 28 U.S.C.A., the cause was heard by a three-judge court.

The underlying administrative proceedings before an examiner were on submission of undisputed facts and briefs. By its final...

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