TIDEWATER EXPRESS LINES, INC. v. UNITED STATES

Civ. A. Nos. 16549, 18442.

281 F.Supp. 995 (1968)

TIDEWATER EXPRESS LINES, INC., W. T. Cowan, Inc., Davidson Transfer & Storage Co., B & P Motor Express, Inc., Pooles Drayage Company, and Wooleyhan Transport Co. v. UNITED STATES of America and Interstate Commerce Commission, Rockville Chamber of Commerce, Mayor and City Council of Rockville, Md., Sears, Roebuck & Co., Intervenors. TIDEWATER EXPRESS LINES, INC., W. T. Cowan, Inc., Wooleyhan Transport Co., and Branch Motor Express Co. v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court D. Maryland.

March 26, 1968.


Attorney(s) appearing for the Case

James J. Doherty, Friedman & Goodman, Baltimore, Md., and William B. Dulany, Dulany & Davis, Westminster, for plaintiffs.

Stephen H. Sachs, U. S. Atty., Baltimore, Md., Donald F. Turner, Asst. Atty. Gen., and John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, Washington, D. C., and Manny H. Smith, Washington, D. C., for Interstate Commerce Commission.

Alan F. Wohlstetter and Ernest H. Land, Denning & Wohlstetter, Washington, D. C., and George W. Shadoan, Rockville, Md., for intervening defendants, Rockville Chamber of Commerce and Mayor and Council of Rockville.

Russell S. Bernhard, Washington, D. C., and Francis J. Ford, Rockville, Md., of counsel, Macleay, Lynch, Bernhard & Gregg, Washington, D. C., for intervening defendant, Sears, Roebuck and Co.

Before SOBELOFF, Circuit Judge, and WATKINS and NORTHROP, District Judges.


WATKINS, District Judge.

These are two civil actions brought by seven motor carriers1 to annul two reports and orders of the Commission in Ex Parte No. MC-7, Washington, D. C. Commercial Zone, redefining the commercial zone of Washington, D. C. Civil Action No. 16549 seeks to set aside (1) the report and order of the Commission, Operating Rights Review Board Number 1, of February 5, 1965 (served February 17), 98 M.C.C. 106, redefining...

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