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QUALITY CARRIERS, INC. v. UNITED STATES

No. 68-C-44.

289 F.Supp. 809 (1968)

QUALITY CARRIERS, INC., Midwest Emery Freight System, Inc., and Liquid Transport Corp., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Schwerman Trucking Co., Transport Service Co., Barry Transports, Inc., Montgomery Tank Lines, Inc., and Olson Transportation Company, Intervening Defendants.

United States District Court E. D. Wisconsin.

October 1, 1968.

Attorney(s) appearing for the Case

David Axelrod, Leonard R. Kofkin and David I. Harfeld, Chicago, Ill., for all plaintiffs.

Allan B. Torhorst, Burlington, Wis., for plaintiff, Quality Carriers, Inc.

Robert W. Loser, Indianapolis, Ind., for plaintiff, Liquid Transport Corp.

Edwin M. Zimmerman, Acting Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and James B. Brennan, U. S. Atty., by Thomas R. Jones, Asst. U. S. Atty., Milwaukee, Wis., for defendant, the United States.

Robert W. Ginnane, Gen. Counsel, Manny H. Smith and Barry Roberts, Attys., I. C. C., Washington, D. C., for defendant, I. C. C.

James R. Ziperski, Milwaukee, Wis., Robert H. Levy, James C. Hardman and William H. Towle, Chicago, Ill., and J. William Cain, Jr., Washington, D. C., for intervening defendants.

Before FAIRCHILD, Circuit Judge, and REYNOLDS and GORDON, District Judges.

REYNOLDS, District Judge.

I. HISTORY OF THE ACTION

This action was begun on February 13, 1968. Plaintiffs seek to annul and set aside an order of the Interstate Commerce Commission, Review Board No. 2, which adopted and affirmed a hearing examiner's recommended report and order. By court order of March 13, 1968, Schwerman Trucking Co., Transport Service Co., Barry Transports, Inc., Montgomery Tank Lines, Inc., and Olson Transportation Company were allowed...

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