U. S. A. C. TRANSPORT, INC. v. UNITED STATES

Civ. A. No. 2509.

235 F.Supp. 689 (1964)

U. S. A. C. TRANSPORT, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Baggett Transportation Company, Dealers Transit, Inc., and Munitions Carriers Conference, Intervenors.

United States District Court D. Delaware, at Wilmington.

June 24, 1964.


Attorney(s) appearing for the Case

H. James Conaway, Jr., Morford, Young & Conaway, Wilmington, Del., and Paul F. Sullivan and James K. Knudson, Washington, D. C., for plaintiff.

Stanley C. Lowicki, Asst. U. S. Atty., Wilmington, Del., for the United States, defendant.

Betty Jo Christian, Washington, D. C., for The Interstate Commerce Commission, defendant.

N. Maxson Terry, Dover, Del., Robert E. Joyner, Wrape & Hernly, Memphis, Tenn., and William T. Croft, Washington, D. C., for intervening defendants.

Before BIGGS, Circuit Judge, and WRIGHT and LEAHY, District Judges.


LEAHY, District Judge.

This is a suit1 to review orders of the Interstate Commerce Commission interpreting the scope of the operating authority held by plaintiff. The Commission held in Dealers Transit, Inc., Extension — Missiles, 86 M.C.C. 327, and Baggett Transportation Co., Extension — Redstone Arsenal, 88 M.C.C. 3, that plaintiff's certificate authorizing the transportation of "aircraft * * * and aircraft parts, restricted...

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