OSCAR MAYER & COMPANY v. UNITED STATES

No. 66-C-90.

268 F.Supp. 977 (1967)

OSCAR MAYER AND COMPANY, Dubuque Packing Company, Little Audrey's Transportation Co., Inc., and Midwest Coast Transport, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Swift & Company, Iowa Beef Packers, Inc., the Atchison, Topeka & Santa Fe Railway Company, Southern Pacific Company, Union Pacific Railroad Company, the Western Pacific Railroad Company, and Trans-Continental Freight Bureau, Intervening Defendants.

United States District Court W. D. Wisconsin.

May 16, 1967.


Attorney(s) appearing for the Case

Philip H. Porter, Madison, Wis., David Axelrod, Chicago, Ill., for plaintiffs.

Edmund A. Nix, U. S. Atty., John E. Clarke, Asst. U. S. Atty., Madison, Wis., for the United States.

Robert W. Ginnane, Gen. Counsel, I. C. C., Manny H. Smith, I. C. C., Washington, D. C., for I. C. C.

W. L. Jackman, Madison, Wis., Eugene D. Anderson, William H. Towle, Harvey Huston, Chicago, Ill., Leland E. Butler, San Francisco, Cal., for intervening defendants.

Before DUFFY, Senior Circuit Judge, DOYLE and REYNOLDS, District Judges.


REYNOLDS, District Judge.

This action involves new rates which reduced the tariff for the shipment of meat and packinghouse products from the midwest and southwest to New Mexico, Arizona, and California. Plaintiffs, two motor carriers and two packing houses, seek to set aside and enjoin two orders of the Interstate Commerce Commission (hereafter referred to as the "Commission") which vacated an earlier Commission order suspending the effective date of the new rates...

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