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LESTER C. NEWTON TRUCKING COMPANY v. UNITED STATES

Civ. A. No. 2508.

264 F.Supp. 869 (1967)

LESTER C. NEWTON TRUCKING COMPANY, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Delaware.

March 7, 1967.

Attorney(s) appearing for the Case

H. James Conaway, Jr., of Young, Conaway, Stargatt and Taylor, Wilmington, and H. Charles Ephraim, Washington, D. C., for plaintiff.

Alexander Greenfeld, U. S. Atty., Wilmington, John H. D. Wigger, Dept. of Justice, and Donald F. Turner, Washington, D. C., for defendant, the United States.

Robert W. Ginnane, Gen. Counsel, Betty Jo Christian and John E. Faulk, Washington, D. C., for defendant, I.C.C.

Before SEITZ, Circuit Judge, WRIGHT, Chief District Judge and STEEL, District Judge.

SEITZ, Circuit Judge.

Plaintiff corporation Lester C. Newton Trucking Company ("Newton") brings this action to set aside an order of the Interstate Commerce Commission and to remand the proceedings to the Commission for interpretation or amendment of its certificate of public convenience and necessity to include authority "enabling continued complete service by it throughout the territory in which it operates" as a motor carrier of frozen fruits, frozen berries, and...

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