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SERVICE TRUCKING COMPANY v. UNITED STATES

Civ. A. No. 15249.

239 F.Supp. 519 (1965)

SERVICE TRUCKING COMPANY, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Kent Freight Lines, Inc., Preston Trucking Company, Inc. and Victor Lynn Lines, Inc., Intervenors.

United States District Court D. Maryland.

April 2, 1965.

Attorney(s) appearing for the Case

Francis W. McInerny, Washington, D. C. (Robert G. Miller, Washington, D. C., Joseph M. Roulhac, Baltimore, Md., Macdonald & McInerny, Washington, D. C., and Smith, Somerville & Case, Baltimore, Md., on brief), for plaintiff.

H. Neil Garson, Assoc. Gen. Counsel, Interstate Commerce Commission (William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Thomas J. Kenney, U. S. Atty., and Robert W. Ginnance, Gen. Counsel, Interstate Commerce Commission, on brief), for defendants.

William J. Little, Baltimore, Md. (John R. Norris, Baltimore, Md., on brief), for intervenors, Kent Freight Lines, Inc., Preston Trucking Company, Inc., and Victor Lynn Lines, Inc., intervening defendants.

Before SOBELOFF, Circuit Judge, and THOMSEN and WINTER, District Judges.

WINTER, District Judge:

Service Trucking Company, Inc. (Service) sought a declaratory order, under the provisions of § 5(d) of the Administrative Procedure Act, 5 U.S.C.A. § 1004 (d), or, alternatively, an order interpreting its certificate of public convenience and necessity theretofore issued by the Interstate Commerce Commission. It sought to have decided that operations by it between Baltimore and points in Maryland east of the Chesapeake Bay, when conducted...

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