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NATIONAL TRAILER CONVOY, INC. v. UNITED STATES

Civ. A. No. 5976.

240 F.Supp. 286 (1965)

NATIONAL TRAILER CONVOY, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Oklahoma.

Rehearing Denied April 26, 1965.

Attorney(s) appearing for the Case

Harold G. Hernly, Harold G. Hernly, Jr., Washington, D. C., and Wrape & Hernly, Washington, D. C., of counsel, and Jack N. Hays and Gable, Gotwals, Hays, Rubin & Fox, Tulsa, Okl., of counsel, for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and John M. Imel, U. S. Atty., Tulsa, Okl., for defendant the United States.

Robert W. Ginnane, Gen. Counsel, and Thomas H. Ploss, Washington, D. C., for defendant Interstate Commerce Commission.

Ernie Adamson and F. H. Floyd, Washington, D. C., Robert W. Loser, Indianapolis, Ind., Martin E. Wyatt, Tulsa., Okl., for amici curiae on rehearing.

Before BREITENSTEIN, Circuit Judge, and DAUGHERTY and BARROW, District Judges.

BREITENSTEIN, Circuit Judge.

This action seeks to set aside a report and order of the Interstate Commerce Commission entered in its Docket No. MC-106398 (Sub-No. 167), National Trailer Convoy, Inc., Extension-Portable Buildings.1 The Commission found that the certificate of National Trailer Convoy, Inc., plaintiff herein, did not authorize the transportation of commodities referred to as sectionalized homes and denied National's request...

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