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LINCOLN TRANSIT CO. v. UNITED STATES

Civ. A. No. 65 Civ. 3830.

256 F.Supp. 990 (1966)

LINCOLN TRANSIT CO., Inc., Manhattan Transit Co., Tauck Tours, Inc., Allied Bus Corp. and Parker Tours, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

July 27, 1966.

Attorney(s) appearing for the Case

Robert E. Goldstein, Francis V. Goggins, New York City, for plaintiffs, Charles J. Williams, Newark, N. J., of counsel.

Donald F. Turner, Asst. Atty. Gen., Washington, D. C., Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, John H. D. Wigger, Washington, D. C., Atty., for United States.

Robert W. Ginnane, Gen. Counsel, Raymond M. Zimmet, Washington, D. C., Atty., for Interstate Commerce Commission.

William A. Roberts, Washington, D. C., for Heritage Tours, Inc., Harold Berns and Thelma Berns, defendant-intervenors, Emanuel Gold, New York City, of counsel.

Before MOORE, Circuit Judge, and HERLANDS and TYLER, District Judges.

OPINION

HERLANDS, District Judge:

Pursuant to the provisions of 28 U.S.C. § 2325 (1965), a district court of three judges has been convened to hear and determine plaintiffs' application for an order "enjoining, setting aside, annulling, and suspending the order of the Interstate Commerce Commission dated November 30, 1965." Plaintiffs' application is denied for the reasons hereinafter set forth.

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