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FISCHBACH TRUCKING COMPANY v. UNITED STATES

Civ. A. No. 37218.

263 F.Supp. 239 (1966)

FISCHBACH TRUCKING COMPANY, Plaintiff, and Contract Carrier Conference of the American Trucking Association, Inc., Intervening Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Regular Common Carrier Conference of the American Trucking Association, Inc., Intervening Defendant.

United States District Court N. D. Ohio, E. D.

November 16, 1966.

Attorney(s) appearing for the Case

Rice A. Hershey, Hershey, Browne, Wilson, Steel, Cook & Wolfe, Akron, Ohio, Clarence D. Todd, Todd, Dillon & Sullivan, Washington, D. C., for plaintiff.

Merle M. McCurdy, U. S. Atty., John H. D. Wigger, Richard A. Solomon, Dept. of Justice, Washington, D. C., Betty Jo Christian, Robert W. Ginnane, I.C.C., C. F. Taplin, Jr., Roland Rice, Douglas Wick, Cleveland, Ohio, John C. Bradley, Washington, D. C., Roland Rice, John C. Bradley, Washington, D. C., for defendant.

Before WEICK, Circuit Judge, and CONNELL and KALBFLEISCH, District Judges.

MEMORANDUM OPINION

CONNELL, Chief Judge.

We are confronted with an appeal from a report and order of the defendant Interstate Commerce Commission (hereinafter referred to as Commission), the result of a proceeding which was instituted by the Commission on November 22, 1957 to determine whether the outstanding contract carrier permits issued by the Commission to the plaintiff Fischbach Trucking Company (hereinafter referred to as Fischbach) should be revoked...

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