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MERCHANTS DELIVERY CO. v. UNITED STATES

Nos. 15942-2, 15943-2.

253 F.Supp. 596 (1966)

MERCHANTS DELIVERY CO., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants (two cases).

United States District Court W. D. Missouri, W. D.

March 30, 1966.

Attorney(s) appearing for the Case

Lee Reeder, Wentworth E. Griffin, Frank W. Taylor, Jr., of Reeder, Griffin & Dysart, Kansas City, Mo., for plaintiff Merchants Delivery Co.

Donald F. Turner, Department of Justice, Washington, D. C., F. Russell Millin, U. S. Atty., John Harry Wiggins, Asst. U. S. Atty., Kansas City, Mo., for United States of America.

Robert W. Ginnane, General Counsel, ICC, Washington, D. C., Mitchell Haller, Attorney, Kansas City, Mo., for Interstate Commerce Commission.

Robert E. Joyner, Memphis, Tenn., Thomas I. Osborne, Kansas City, Mo., for intervening defendant Exhibitors Film Delivery & Service Co., Inc.

COLLINSON, District Judge.

The plaintiff has brought this action to set aside an order of the Interstate Commerce Commission granting the intervenor temporary authority over certain routes in Missouri and Kansas in direct competition with the plaintiff. The order of the Commission becomes effective on April 4, 1966, and the plaintiff has prayed for a temporary restraining order to prevent such order from going into effect until this case is decided.

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