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THREE "I" TRUCK LINE, INC. v. I. C. C.

Civ. No. 65-C-4-CR.

246 F.Supp. 410 (1965)

THREE "I" TRUCK LINE, INC., and Cedar Rapids Steel Transportation, Inc., Plaintiffs, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Defendants, Western Transportation Company, H & W Motor Express Co., Bruce Motor Freight, Inc., Matson, Inc. and Hawkeye Motor Express, Inc., Intervenors.

United States District Court N. D. Iowa, Cedar Rapids Division.

August 30, 1965.

Attorney(s) appearing for the Case

William A. Bergman, Moyer & Bergman, Cedar Rapids, Iowa, William P. Sullivan, Todd, Dillon, Sullivan & Raley, Washington, D. C., for plaintiffs.

William H. Orrick, Jr., Asst. Atty. Gen., Donald E. O'Brien, U. S. Atty., Sioux City, Iowa, John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for United States.

Robert W. Ginnane, General Counsel, Betty Jo Christian, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Edward G. Bazelon, Chicago, Ill., Axelrod, Goodman & Steiner, Chicago, Ill., O. W. Lawrence, Cedar Rapids, Iowa, of counsel, for intervenors Western Transportation, H & W Motor Express Co., Bruce Motor Freight, Inc., Matson, Inc., and Hawkeye Motor Express, Inc.

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

McMANUS, District Judge.

This is an action by plaintiffs seeking to enjoin and set aside Orders of the Interstate Commerce Commission (Commission) of October 21, 1964, and January 4, 1965, which orders vacated and set aside the prior order of the Finance Board granting plaintiffs' application for temporary authority. Pursuant to plaintiffs' motion, filed January 28, 1965, a Temporary Restraining Order was issued restraining the Commission from enforcing its orders...

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