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WILLIS SHAW FROZEN EXPRESS, INC. v. UNITED STATES

Civ. A. No. 1918.

256 F.Supp. 257 (1966)

WILLIS SHAW FROZEN EXPRESS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court W. D. Arkansas, Fort Smith Division.

May 31, 1966.

Attorney(s) appearing for the Case

A. Alvis Layne, Nancy Pyeatt, Washington, D. C., John H. Joyce, Fayetteville, Ark., for plaintiff.

Donald G. Turner, Asst. Atty. Gen., Dept. of Justice, John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Charles M. Conway, U. S. Atty., Fort Smith, Ark., Robert W. Ginnane, General Counsel, ICC, Fritz R. Kahn, Associate Gen. Counsel, ICC, Washington, D. C., for defendants.

Before MEHAFFY, Circuit Judge, and MILLER and HENLEY, District Judges.

OPINION

JOHN E. MILLER, District Judge.

In this action commenced July 6, 1965, the plaintiff, Willis Shaw Frozen Express, Inc., seeks to suspend and set aside orders of the Interstate Commerce Commission of February 2, 1965, and June 3, 1965. The instant action is a continuation of protracted litigation between the plaintiff and the ICC which has lasted almost eight years. This court has jurisdiction of the subject matter and of the parties under 49 U.S...

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