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WINTER GARDEN COMPANY v. UNITED STATES

Civ. A. No. 5457.

263 F.Supp. 590 (1966)

The WINTER GARDEN COMPANY, Inc., and the Winter Garden Freezer Company, Inc. v. UNITED STATES of America and Interstate Commerce Commission.

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

November 21, 1966.

Attorney(s) appearing for the Case

E. Bruce Foster, Frantz, McConnell & Seymour, Knoxville, Tenn., D. Herbert Glazer, Memphis, Tenn., William J. Augello, Jr., New York City, for plaintiffs.

John H. D. Wigger, Dept. of Justice, Washington, D. C., J. H. Reddy, U. S. Atty., Chattanooga, Tenn., Fritz R. Kahn, Associate Gen. Counsel, I. C. C., Washington, D. C., for defendants.

Before HARRY PHILLIPS, Circuit Judge, LESLIE R. DARR, Senior District Judge, and ROBERT L. TAYLOR, District Judge.

PER CURIAM.

This is the second appearance of this case. In an order, based upon its opinion handed down on October 22, 1962, Winter Garden Company, Inc. v. United States, 211 F.Supp. 280, this Court set aside the findings and conclusions of the Interstate Commerce Commission (hereinafter called "Commission") and remanded the two causes for further consideration in accordance with the views therein expressed.

On the reconsideration...

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