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E. B. LAW AND SON, INC. v. UNITED STATES

Civ. A. No. 5803.

247 F.Supp. 846 (1965)

E. B. LAW AND SON, INC., a Corporation, Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court D. New Mexico.

April 12, 1965.

Attorney(s) appearing for the Case

William J. Lippman, of Galland, Kharasch, Calkins & Lippman, Washington, D. C., R. Deane Moyer, Albuquerque, N. M., for plaintiff.

Clarence William Vandegrift, Attorney, Office of General Counsel, Interstate Commerce Commission, Washington, D. C., John H. D. Wigger, Atty. Dept. of Justice, Washington, D. C., for defendants.

J. E. Gallegos, Santa Fe, N. M., for intervening defendant, Whitfield Tank Lines, Inc.

Before SETH, Circuit Judge, PAYNE, Chief Judge, and BRATTON, District Judge.

PER CURIAM.

The plaintiff commenced this action to set aside certain orders of the Interstate Commerce Commission entered in a proceeding entitled No. MC-106278 (Sub-No. 21) E. B. Law and Son, Inc. Extension — El Paso, Texas. Plaintiff contends that the Commission by its report and order restrictively construed its existing certificate to prevent it from hauling certain petroleum products. The court has jurisdiction under 28 U.S.C.A. § 1336 and 49 U.S...

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