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CARAVELLE EXPRESS, INC. v. UNITED STATES

Civ. 1258-L.

287 F.Supp. 585 (1968)

CARAVELLE EXPRESS, INC., a Corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants and Indiana Refrigerator Lines, Inc., Intervening Defendant.

United States District Court D. Nebraska.

July 22, 1968.

Attorney(s) appearing for the Case

Duane W. Acklie, and Richard A. Peterson, of Nelson, Harding, Acklie, Leonard & Tate, Lincoln, Neb., for plaintiff.

Donald F. Turner, Asst. Atty. Gen., John W. D. Wigger, Dept. of Justice, Washington, D. C., and Theodore L. Richling, U. S. Atty., Omaha, Neb., for the United States.

Robert W. Ginnane, Gen. Counsel and Steven Kazan, Washington, D. C., for I. C. C.

James C. Hardman, of Singer & Hardman, Chicago, Ill., and John Reefe, Jr., of Tesar, Reefe & Rogers, Omaha, Neb., for intervening defendant.

Before LAY, Circuit Judge, and ROBINSON and VAN PELT, District Judges.

MEMORANDUM

RICHARD E. ROBINSON, District Judge.

By its action here, plaintiff seeks to set aside a portion of a certain order of the Interstate Commerce Commission which denies it the right to operate as a common carrier by motor vehicle of meats, meat byproducts, and other meat packinghouse articles from Gordon, Nebraska, Norfolk, Nebraska; and Onawa, Iowa to destinations in Florida. We have concluded that the relief requested must be denied.

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