LAKE SHORE MOTOR FREIGHT COMPANY v. UNITED STATES

Civ. A. Nos. C 68-803, C 68-810—812, C 68-834, C 68-835, C 69-120.

310 F.Supp. 957 (1968)

LAKE SHORE MOTOR FREIGHT COMPANY et al. v. UNITED STATES of America and Interstate Commerce Commission.

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

October 22, 1968.


Attorney(s) appearing for the Case

Bernard J. Stuplinski, U. S. Atty., Cleveland, Ohio, Erwin N. Griswold, Solicitor Gen., Department of Justice, and Robert W. McLaren, Asst. Atty., Gen., Department of Justice, Washington, D. C., and John H. D. Wigger, Antitrust Division, Department of Justice, Washington, D. C., Robert W. Ginnane, Gen. Counsel and Barry Roberts, Interstate Commerce Commission, Washington, D. C., for defendants.

Sweeney, Maher & Vlad, Cleveland, Ohio, A. David Milner, Bowes & Milner, Newark, N. J., Henry M. Wick, Jr., Delisi, Wick & Vuono, Pittsburgh, Pa., John W. Mills, Cleveland, Ohio, Robert D. Schuler, Detroit, Mich., John A. Kundtz, Cleveland, Ohio, Edward C. Ford, Asst. Gen. Counsel, Pittsburgh, Pa., Jones & Laughlin Steel Corporation, Bruce W. Eaken, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for plaintiffs.

Rex Eames, Eames, Petrillo, Wilcox & Nelson, Detroit, Mich., and John P. McMahon, George, Greek, King, McMahon & McConnaughey, Columbus, Ohio, for intervening defendant.

John Lansdale, Alan P. Buchmann, John J. Fitzpatrick, Squire, Sanders & Dempsey, Cleveland, Ohio, for intervening plaintiff, United States Steel Corporation, Wayne L. Emery, Pittsburgh, Pa., Law Department, United States Steel Corp., Squire, Sanders & Dempsey, Cleveland, Ohio, of counsel.

Before CELEBREZZE, Circuit Judge, and CONNELL and KALBFLEISCH, District Judges.


MEMORANDUM OPINION

CONNELL, District Judge.

The case before this Court was brought to set aside a finding by the Interstate Commerce Commission Division 1, Point Transfer, Inc., Extension—Pa. and Ohio Origins, 105 M.C.C. 643. This report made a finding that the applicants seeking new operating authority had failed to establish the requisite need for the issuance of certificates of public convenience and necessity authorizing common carrier operations...

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