CENTRAL & SOUTHERN MOTOR FREIGHT TARIFF ASSOCIATION, Inc., et al., Plaintiffs, and
Freight Forwarders Institute, Intervening Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants, and
Railway Express Agency, Inc., and the Drug and Toilet Preparation Traffic Conference, Intervening Defendants.
United States District Court D. Delaware.https://leagle.com/images/logo.png
August 29, 1967.
August 29, 1967.
Attorney(s) appearing for the Case
David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiffs.
Bryce Rea, Jr., Washington, D. C., for plaintiff motor carrier associations.
William H. Dempsey, Jr., James B. Goodbody, Harry C. Ames, and James L. Givan, Washington, D. C., and Giles Morrow, New York City, for plaintiff freight forwarding companies and intervening plaintiff Freight Forwarders Institute.
Alexander Greenfeld, U. S. Atty., and L. Vincent Ramunno, Chief Asst. U. S. Atty., Wilmington, Del.; Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger and Henri F. Rush, Jr., Attys., Department of Justice, Washington, D. C.; Robert W. Ginnane, General Counsel I.C.C., and Leonard S. Goodman, Asst. General Counsel I.C.C., Washington, D. C., Attys., for United States of America and Interstate Commerce Commission.
John Van Brunt, Jr., of Killoran & Van Brunt, Wilmington, Del., Richard M. Freeman and Nuel D. Belnap, of Belnap, Spencer, Hardy & Freeman, Chicago, Ill., for intervening defendant, Drug and Toilet Preparation Traffic Conference, Inc.
John Van Brunt, Jr., of Killoran & Van Brunt, Wilmington, Del., and William Q. Keenan, New York City, for Railway Express Agency, Inc., intervening defendant.
Before FREEDMAN, Circuit Judge, WRIGHT and LAYTON, District Judges.
United States District Court D. Delaware.
OPINION
CALEB M. WRIGHT, District Judge:
This action is brought under 28 U.S. C.A. § 1336 (1966) to set aside two Reports and Orders of the Interstate Commerce Commission. Aggregate Rates on Wearing Apparel—Railway Express Agency, 318 I.C.C. 737 (1963) and 326 I.C.C. 92 (1965). In the 1963 case the Commission found the aggregate rate structure used by the Railway Express Agency (REA) was just and reasonable. In the 1965 Opinion the Commission...
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