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SAGINAW TRANSFER CO. v. UNITED STATES

Civ. A. No. 2748.

275 F.Supp. 585 (1967)

SAGINAW TRANSFER CO., Saginaw, Michigan, Great Lakes Express, Saginaw, Michigan, Kramer-Consolidated Freight Lines, Inc., Detroit, Michigan, Interstate Motor Freight System, Grand Rapids, Michigan, Bender & Loudon Motor Freight, Inc., West Richfield, Ohio, Norwalk Freight Lines, Inc., Norwalk, Ohio, Eastern Central Motor Carriers Association, Inc., Akron, Ohio, Central States Motor Freight Bureau, Inc., Chicago, Illinois, Central and Southern Motor Freight Tariff Association, Inc., Louisville, Kentucky, and Middlewest Motor Freight Bureau, Kansas City, Missouri, Plaintiffs, v. The UNITED STATES of America and Interstate Commerce Commission, Defendants, and Railway Express Agency, Inc., and Dow Chemical Company, Intervenors.

United States District Court E. D. Michigan, N. D.

November 8, 1967.

Attorney(s) appearing for the Case

Rex Eames, Eames, Petrillo, Wilcox & Nelson, Detroit, Mich., Homer S. Carpenter, Richard R. Sigmon, Rice, Carpenter & Carraway, Washington, D. C., for plaintiffs.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Donald F. Turner, Asst. Atty. Gen., Lawrence Gubow, U. S. Atty., Detroit, Mich., for the United States.

Leonard S. Goodman, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Robert W. Ginnane, Gen. Counsel, for Interstate Commerce Commission.

William Q. Keenan, New York City, Ralph J. Isackson, Isackson & Neering, Bay City, Mich., for intervenors Railway Express Agency and Dow Chemical Co.

OPINION

Before O'SULLIVAN, Circuit Judge, ROTH, District Judge, and THORNTON, Senior District Judge.

ROTH, District Judge:

This is an action to set aside and annul an order of the Interstate Commerce Commission approving certain rates in connection with a so-called "delayed-tender" service by the Railway Express Agency. The action was brought pursuant to Title 28, Sections 1336, 1398, 2321 through 2325, U.S.C. and Title 5, Section 1009, U.S.C. The...

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