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TRANSAMERICAN FREIGHT LINES, INC. v. UNITED STATES

Civ. A. No. 2968.

258 F.Supp. 910 (1966)

TRANSAMERICAN FREIGHT LINES, INC., Plaintiff, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Consolidated Truck Lines, Limited, et al., Intervening Defendants.

United States District Court D. Delaware.

August 31, 1966.

Attorney(s) appearing for the Case

George Tyler Coulson, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Paul Coyle, Washington, D. C., Howell Ellis, Indianapolis, Ind., for plaintiff.

John H. D. Wigger, Dept. of Justice, Donald F. Turner, Asst. Atty. Gen., Robert W. Ginnane, Gen. Counsel, Thomas H. Ploss, I. C. C., Washington, D. C., Alexander Greenfeld, U. S. Atty., Wilmington, Del., for defendants.

John Van Brunt, Jr., Killoran & Van Brunt, Wilmington, Del., Rex Eames, Sullivan, Eames, Moody & Petrillo, Detroit, Mich., for intervening defendants.

Before BIGGS, Circuit Judge, and WRIGHT and STEEL, District Judges.

OPINION

STEEL, District Judge:

This action was brought under 28 U.S. C. §§ 1336, 1398, 2284, 2321 to 2325, and 5 U.S.C. §§ 1004(d) and 1009, to vacate and set aside as unlawful three orders of the Interstate Commerce Commission.

Plaintiff is a Delaware corporation having its principal business office in Detroit, Michigan. It is a common carrier by motor vehicle transporting general commodities, with certain exceptions, in interstate...

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