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AGRICULTURAL TRANSP. ASS'N OF TEXAS v. UNITED STATES

Civ. A. No. CA 4-746.

274 F.Supp. 528 (1967)

AGRICULTURAL TRANSPORTATION ASSOCIATION OF TEXAS v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court N. D. Texas, Fort Worth Division.

October 24, 1967.

Attorney(s) appearing for the Case

Richard T. Churchill, Fort Worth, Tex., for plaintiff, Agricultural Transportation Assn. of Texas.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Fort Worth, Tex., for defendant, United States.

Jerome Nelson, Atty., Robert W. Ginnane, Gen. Counsel, Fritz R. Kahn, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

Ralph W. Pulley, Jr., Phinney, Hallman, Pulley & Livingstone, Hugh T. Matthews, Jr., Brooks, Montgomery & Matthews, Dallas, Tex., Harry J. Jordan, Washington, D. C., for intervening defendant, Motor Carriers, and others.

Ardell M. Young, Brown, Herman, Scott, Young & Dean, Fort Worth, Tex., James W. Nisbet and Ed White, Chicago, Ill., for intervening railroad defendants, The Atchison, Topeka, and Santa Fe Railway Co., and others.

Donald E. Graham, Atty., Office of Gen. Counsel, U. S. Dept. of Agriculture, Washington, D. C., for intervening defendant, U. S. Dept. of Agriculture.

Before GOLDBERG, Circuit Judge, and BREWSTER and TAYLOR, District Judges.

WILLIAM M. TAYLOR, Jr., District Judge.

This is an action to set aside, restrain and enjoin an order of the Interstate Commerce Commission entered against Agricultural Transportation Association directing plaintiff to cease and desist from participating in the transportation of property in interstate commerce for compensation. The Commission's order was issued in accordance with a finding by a hearing examiner that plaintiff was not a "cooperative association", as...

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