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NATL. MOTOR FREIGHT TRAFFIC ASSOCIATION v. UNITED STATES

Civ. A. No. 1235-65.

253 F.Supp. 661 (1966)

NATL. MOTOR FREIGHT TRAFFIC ASSOCIATION, Inc., Middle Atlantic Conference and Southern Motor Carriers Rate Conference, Inc., Plaintiffs, Freight Forwarders Institute, Acme Fast Freight, Inc., Natl. Carloading Corporation, and Universal Carloading & Distributing Co., Inc., Intervening Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, The New Dixie Lines, Inc., and Montgomery Ward, Inc., Intervenor Defendants.

United States District Court District of Columbia.

April 28, 1966.

Attorney(s) appearing for the Case

Bryce Rea, Jr., and F. G. Freund, Washington, D. C., for plaintiff.

Giles Morrow and James L. Givan, Washington, D. C., for intervening plaintiffs.

David G. Bress, U. S. Atty, Donald F. Turner, Asst. Atty. Gen., and Joe F. Nowlin, Dept. of Justice, for defendant United States.

Robert W. Ginnane, Gen. Counsel, and Raymond M. Zimmet, Washington, D. C., for defendant Interstate Commerce Commission.

James E. Wilson, and Edward G. Villalon, Washington, D. C., for intervenor-defendant New Dixie Lines, Inc.

Paul A. Porter and William D. Rogers, Washington, D. C., for intervenor-defendant Montgomery Ward, Inc.

Before LEVENTHAL, Circuit Judge, and MATTHEWS and HART, District Judges.

HART, District Judge.

This action seeks to set aside an Order of the Interstate Commerce Commission,1 jurisdiction being founded upon Sections 1336, 1398, 2284 and 2321 through 2325 of Title 28 of the United States Code. It is concerned with Section 408 of the Freight Forwarder Act2 which permits common carriers to extend lower "assembling" and "distribution" rates...

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