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YOUNGER BROTHERS, INC. v. UNITED STATES

Civ. A. No. 68-H-282.

289 F.Supp. 545 (1968)

YOUNGER BROTHERS, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, et al., Defendants.

United States District Court S. D. Texas, Houston Division.

September 17, 1968.

Attorney(s) appearing for the Case

Ames, Hill & Ames, Harry C. Ames, Jr., and E. Stephen Heisley, Washington, D. C., Ewell H. Muse, Jr., Austin, Tex., Dyche, Wheat, Thornton & Wright, James T. Wright, Houston, Tex., for plaintiffs.

Steven Kazan, Atty., Interstate Commerce Commission, Washington, D. C., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Morton L. Susman, U. S. Atty., Houston, Tex., for defendants United States and Interstate Commerce Commission.

James, Robinson, Felts & Starnes, Thomas E. James and Phillip Robinson, Austin, Tex., Watkins, Ryan & Hamilton, A. J. Watkins, Houston, Tex., for intervening defendants.

Before GOLDBERG, Circuit Judge, and INGRAHAM and SINGLETON, District Judges.

INGRAHAM, District Judge:

This is a suit brought against the United States of America and the Interstate Commerce Commission under the provisions of 28 U.S.C. Secs. 1336, 2321-2325, 2284, 49 U.S.C. Sec. 17, and 5 U.S.C. Sec. 706, to set aside and annul a report and order of the I.C.C. and to enjoin it from issuing certificates of public convenience and necessity to intervening defendants, Ryder Truck Lines, Inc., The Mason and Dixon Tank Lines, Inc., Earl Gibbon Transport...

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