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HOMER WHITE, INC. v. UNITED STATES

Civ. A. No. 1967-118.

281 F.Supp. 436 (1968)

HOMER WHITE, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Consolidated Truck Lines, Limited, Direct Transport Limited, and Intercity Truck Lines Limited, Intervenors.

United States District Court W. D. New York.

March 14, 1968.

Attorney(s) appearing for the Case

Ronald N. Cobert, Washington, D. C., Benjamin A. Galperin, Buffalo, N. Y. (Grove, Jaskiewicz & Gilliam, Washington, D. C., of counsel), for plaintiff.

Henry F. Rush, Jr., Attorney, Interstate Commerce Commission, Washington, D. C. (Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Attorney, Justice Department, Washington, D. C., John T. Curtin, U. S. Atty., Buffalo, N. Y., on the brief for the United States; Robert W. Ginnane, General Counsel, on the brief for the Interstate Commerce Commission), for defendants.

William J. Hirsch, Buffalo, N. Y., for intervenors.

Before FEINBERG, Circuit Judge, BURKE, Chief Judge and HENDERSON, District Judge.

FEINBERG, Circuit Judge:

This is an action to set aside an order of the Interstate Commerce Commission, which denied two applications of plaintiff Homer White, Inc., one pursuant to section 206(a) (7) (A) of the Interstate Commerce Act, 49 U.S.C. § 306(a) (7) (A), for a "grandfather" certificate of registration authorizing plaintiff to continue operating in interstate and foreign commerce, and the other for an initial certificate of interstate and foreign commerce...

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