FREIGHT CONSOLIDATORS COOPERATIVE, INC., Association Freight Agents, Inc., Scat Cartage Co., Inc., A B C Freight Forwarding Corporation, Freight Consolidators, Inc., Robert Mishkin and Arthur J. Brown, Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants, and
Acme Fast Freight, Inc., American Freight Forwarding Corporation, Clipper Carloading Co., Inc., Freight Forwarders Institute, National Carloading Corporation, Republic Carloading & Distributing Co., Inc., Springmeier Shipping Co., Inc., Universal Carloading & Distributing Co., Inc., Intervening Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
June 12, 1964.
June 12, 1964.
Attorney(s) appearing for the Case
I. Richman, and Meiselman, Mishkin & Reilly, New York City, for plaintiffs.
William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, Robert M. Morgenthau, U. S. Atty., Southern District of New York (Thomas H. Baer, Asst. U. S. Atty., of counsel), for the defendant, United States of America.
Robert W. Ginnane, General Counsel, Interstate Commerce Commission (Francis A. Silver, Associate General Counsel, Interstate Commerce Commission), for defendant, Interstate Commerce Commission.
Herbert Burstein, S. Sidney Eisen, New York City, Theodore R. Schneider, St. Louis, Mo., Giles Morrow, James L. Givan, Washington, D. C., and George H. Leonard, New York City, for intervening defendants.
Before MARSHALL, Circuit Judge, and EDELSTEIN and CROAKE, District Judges, sitting as a statutory court.
United States District Court S. D. New York.
EDELSTEIN, District Judge.
This is an action to enjoin, set aside, and annul an order issued by the Interstate Commerce Commission (Commission) on November 28, 1962. Jurisdiction is founded upon 28 U.S.C. § 1336, § 2325;1 see Administrative Procedure Act, § 10(b), 5 U.S.C. § 1009(b); 318 I.C.C. 507, 521 (1962). The Commission found that plaintiffs were engaged in rendering service as freight forwarders in interstate...
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