MIDWEST EMERY FREIGHT SYSTEM, INC. v. UNITED STATES

No. 68 C 1070.

293 F.Supp. 403 (1968)

MIDWEST EMERY FREIGHT SYSTEM, INC., Safeway Truck Lines, Inc., and Refrigerated Food Express, Inc., Plaintiffs, Subler Transfer, Inc., Plaintiff-Intervenor, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Coldway Food Express, Inc., Defendant-Intervnor.

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

November 21, 1968.


Attorney(s) appearing for the Case

Edward G. Bazelon, Axelrod, Goodman & Steiner, Chicago, Ill., for Midwest Emery Freight System, Inc., and Safeway Truck Lines, Inc.

William J. Boyd, Boyd & Blanshan, Chicago, Ill., for Refrigerated Food Express, Inc., and Subler Transfer, Inc.

Thomas A. Foran, U. S. Atty., Chicago, Ill., for the United States.

Barry Roberts, I. C. C., Washington, D. C., for the I. C. C.

Joseph M. Scanlan, Chicago, Ill., for defendant Coldway Food Express, Inc.

Before KERNER, Circuit Judge, and HOFFMAN and AUSTIN, District Judges.


AUSTIN, District Judge:

Plaintiffs, interstate motor carriers, seek to set aside, annul and suspend the grant of a certificate of public convenience and necessity to Coldway Food Express, Inc. for single-line shipment from Chicago to certain eastern states of meat, meat products, meat by-products and articles distributed by packing-houses. Plaintiffs Midwest Emery and Safeway provide a similar direct line service and Refrigerated...

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