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BLODGETT UNCRATED FURNITURE SERVICE, INC. v. UNITED STATES

Civ. A. No. 5444.

288 F.Supp. 591 (1968)

BLODGETT UNCRATED FURNITURE SERVICE, INC., a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. North American Van Lines, Inc., Intervening Defendant.

United States District Court W. D. Michigan, S. D.

September 6, 1968.

Attorney(s) appearing for the Case

Warner, Norcross & Judd, Grand Rapids, Mich., Johnson, Peterson, Tener & Anderson, Jamestown, N. Y., for plaintiff; J. M. Neath, Jr., Grand Rapids, Mich., Kenneth T. Johnson, Jamestown, N. Y., of counsel.

Donald F. Turner, and John H. D. Wigger, Asst. Attys. Gen., Dept. of Justice, Washington, D. C., Harold D. Beaton, Dist. Atty., Grand Rapids, Mich., for the United States.

Robert W. Ginnane and John E. Faulk, Washington, D. C., for the Interstate Commerce Commission.

Martin A. Weissert, Fort Wayne, Ind., Hillman, Baxter & Hammond, Grand Rapids, Mich., for North American Van Lines, Inc., Douglas W. Hillman, Grand Rapids, Mich., of counsel.

Before EDWARDS, Circuit Judge, and THORNTON and FOX, District Judges.

OPINION

FOX, District Judge.

This is an action to review, enjoin, suspend, annul and set aside an order of the Interstate Commerce Commission, Operating Rights Review Board Number 3, denying plaintiff's application for elimination of certain gateways. This court has jurisdiction pursuant to 49 U.S.C. § 305(g) and (h), 28 U.S.C. §§ 1336, 2284, 2321-25, and Section 10 of the Administrative Procedure Act, 5 U.S. C. §§ 702-706.

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