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MERCHANTS DELIVERY CO. v. UNITED STATES

Nos. 15942-2, 15943-2.

265 F.Supp. 669 (1967)

MERCHANTS DELIVERY CO., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Exhibitors Film Delivery & Service Co., Inc., Intervening Defendant (two cases).

United States District Court W. D. Missouri, W. D.

March 1, 1967.

Attorney(s) appearing for the Case

Frank W. Taylor, Jr., Lee Reeder, and Wentworth E. Griffin of Reeder, Griffin & Dysart, Kansas City, Mo., for plaintiff.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty. for the Western District of Missouri, Kansas City, Mo., for the United States.

John E. Faulk, Atty., Interstate Commerce Commission, Washington, D. C., and Robert W. Ginnane, Gen. Counsel for the Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission.

Robert E. Joyner, of Wrape & Hernly, Memphis, Tenn., and Thomas I. Osborne, of Caldwell, Blackwell, Sanders & Matheny, Kansas City, Mo., for the intervening defendant.

Before GIBSON, Circuit Judge and BECKER and COLLINSON, District Judges.

OPINION

COLLINSON, District Judge.

In these two cases, which have been consolidated because of common identity of the parties and the issues, plaintiff, a common carrier, seeks "to enjoin, annul, suspend and set aside" two orders of the Interstate Commerce Commission, each of which grants temporary authority to the intervenor to transport general commodities (with certain exceptions and restrictions) over specified routes in Missouri and Kansas.

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