ANDREWS VAN LINES, INC. v. UNITED STATES

Civ. A. No. 980 L.

259 F.Supp. 468 (1966)

ANDREWS VAN LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and North American Van Lines, Inc., Alaska Orient Van Service, Inc., and Smyth Overseas Van Lines, Inc., Intervening Defendants.

United States District Court D. Nebraska.

October 25, 1966.


Attorney(s) appearing for the Case

J. Max Harding, Charles J. Kimball, and Duane W. Acklie, Nelson, Harding, Acklie, Leonard & Tate, Lincoln, Neb., for plaintiff.

Donald F. Turner, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Theodore L. Richling, U. S. Atty., and Russell Blumenthal, Asst. U. S. Atty., Omaha, Neb., for defendant, United States.

Robert W. Ginnane, Gen. Counsel, Leonard S. Goodman, Asst. Gen. Counsel, Manny H. Smith, Atty., Interstate Commerce Commission, Washington, D. C., Theodore L. Richling, U. S. Atty., and Russell Blumenthal, Asst. U. S. Atty., Omaha, Neb., for defendant, Interstate Commerce Commission.

Martin A. Weissert, Fort Wayne, Ind., and Marshall D. Becker, Stern, Harris, Feldman & Becker, Omaha, Neb., for intervening defendant, North American Van Lines, Inc.

Alan F. Wohlstetter, and Joseph F. Mullins, Jr., Denning & Wohlstetter, Washington, D. C., and Stern, Harris, Feldman & Becker, Omaha, Neb., for intervening defendants, Alaska Orient Van Service, Inc., and Smyth Overseas Van Lines, Inc.

Before JOHNSEN, Senior Circuit Judge, VAN PELT, District Judge, and DELEHANT, Senior District Judge.


MEMORANDUM

DELEHANT, Senior District Judge.

The jurisdiction of this court is properly claimed under Title 28 U.S.C. § 1336(a), its venue by virtue of Title 28 U.S.C. § 1398(a).

Plaintiff is a corporation organized under the laws of Nebraska, with its principal place of business in the City of Norfolk, in such state, and is, therefore, a citizen of Nebraska. It is and, for several years heretofore, has been engaged in business as a common...

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