SALEM TRANSPORTATION CO., Inc., Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
and
Public Service Coordinated Transport; Lincoln Transit Co., Inc.; D & M Taxi Company, Inc.; National Bus Traffic Association, Inc.; National Trailways Bus System; Safeway Trails, Inc., Intervening Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
June 6, 1968.
June 6, 1968.
Attorney(s) appearing for the Case
George H. Rosen, Monticello, N. Y. (William C. Rosen, Monticello, N. Y., of counsel), for plaintiff.
Fritz R. Kahn, Deputy Gen. Counsel Robert W. Ginnane, Gen. Counsel, Jerome Nelson, John E. Faulk and Barry Roberts, Washington, D. C., Counsel, Donald F. Turner, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., Michael D. Hess, New York City, and John H. D. Wigger, Washington, D. C., Attys., for defendants Interstate Commerce Commission and United States.
Harold Weideli, Jr., Maplewood, N. J. (Richard Fryling, Maplewood, N. J., Andrew P. Dachnowicz, New York City, and Thomas J. McCluskey, Maplewood, N. J., of counsel), for intervening defendant, Public Service Coordinated Transport.
Robert E. Goldstein, New York City, for intervening defendant, Lincoln Transit Co., Inc.
John D. Hawke, Jr., Washington, D. C., for intervening defendant, D&M Taxi Co., Inc.
Harold J. Drescher, New York City (John S. Fessenden, Washington, D. C., of counsel), for intervening defendant, National Bus Traffic Ass'n, Inc.
Bruce E. Mitchell, Washington, D. C. (James E. Wilson, Washington, D. C., of counsel), for intervening defendants, National Trailways Bus System and Safeway Trails, Inc.
Before FRIENDLY, Circuit Judge, and CANNELLA and MANSFIELD, District Judges.
United States District Court S. D. New York.
OPINION
FRIENDLY, Circuit Judge:
Salem Transportation Co., holder of various authorizations from the Interstate Commerce Commission to engage in "special operations" involving non-scheduled door-to-door transportation of passengers, has brought five actions against the United States and the Interstate Commerce Commission. In three of these Salem complains of the Commission's refusal to grant additional authorizations...
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