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TIDEWATER EXPRESS LINES, INC. v. UNITED STATES

Civ. A. No. 17913.

278 F.Supp. 561 (1968)

TIDEWATER EXPRESS LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Hall's Motor Transit Company and Accelerated Transport-Pony Express, Inc., Intervening Defendants.

United States District Court D. Maryland.

January 17, 1968.

Attorney(s) appearing for the Case

James J. Doherty and Friedman & Goodman, Baltimore, Md., for plaintiff.

Stephen H. Sachs, U. S. Atty., Baltimore, Md., Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger and Henri F. Rush, Jr., Washington, D. C., for defendants United States and Interstate Commerce Commission.

John E. Fullerton, Harrisburg, Pa., for intervening defendant, Hall's Motor Transit Co.

Christian V. Graf, Harrisburg, Pa., for intervening defendant, Accelerated Transport-Pony Express, Inc.

Before WINTER, Circuit Judge, and NORTHROP and HARVEY, District Judges.

HARVEY, District Judge:

Tidewater Express Lines, Inc. ("Tidewater") is asking the Court in this action (1) to set aside an order of the Interstate Commerce Commission ("the Commission"), denying its application for conversion of its irregular route authority to a regular route authority, or (2) in the alternative to remand the case to the Commission for re-opening of the record and the receipt of additional evidence. Pursuant to applicable provisions of Title 28,...

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