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W. J. DIGBY, INC., OF IOWA v. UNITED STATES

Civ. No. 3-661-W.

246 F.Supp. 335 (1965)

W. J. DIGBY, INC., OF IOWA, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. Iowa, W. D.

Rehearing Denied October 4, 1965.

Attorney(s) appearing for the Case

Donald E. Leonard and Charles J. Kimball, Lincoln, Neb., for plaintiff.

Clarence W. Vandergrift, Washington, D. C., and Philip T. Riley, U. S. Atty., Des Moines, Iowa, for the United States and Interstate Commerce Commission.

Alvin J. Meiklejohn, Jr., Denver, Colo., and Maynard S. Telpner, Council Bluffs, Iowa, for intervenor, Ringby Truck Lines, Inc.

Donald L. Stern, Omaha, Neb., and Maynard S. Telpner, Council Bluffs, Iowa, for intervenor Midwest Coast Transport, Inc.

Maynard S. Telpner, Council Bluffs, Iowa, for intervenor Midwest Emery Freight System, Inc., and Little Audrey's Transp. Co., Inc.

Before VAN OOSTERHOUT, Circuit Judge, and STEPHENSON and HANSON, District Judges.

PER CURIAM.

Plaintiff brought this action to set aside the order of the Interstate Commerce Commission (the Commission) in Investigation and Suspension Docket No. 19729, dated June 28, 1965, suspending certain tariff schedules filed by plaintiff. Shortly after the complaint was filed upon motion of the plaintiff a temporary restraining order was entered enjoining the Commission from enforcing the suspension order. Thereafter the Commission filed a motion to dismiss...

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