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KELLER INDUSTRIES, INC. v. UNITED STATES

Civ. A. No. 1414.

304 F.Supp. 852 (1969)

KELLER INDUSTRIES, INC., et al., Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court N. D. Florida, Tallahassee Division.

July 22, 1969.

Attorney(s) appearing for the Case

Prunty, Olsen & Slotnick, Miami, Fla., for plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., Department of Justice, Washington, D. C., John H. D. Wigger, Atty., Department of Justice, Washington, D. C., Clinton Ashmore, Asst. U. S. Atty., Tallahassee, Fla., for defendant, United States of America.

Fritz R. Kahn, Acting General Counsel, Interstate Commerce Commission, Raymond M. Zimmet, Atty., Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

Ford L. Thompson, Tallahassee, Fla., Rea, Cross & Knebel, Washington, D. C., for intervening defendants, National Motor Freight Traffic Ass'n, Inc., Common Carrier Conference Irregular Route, and Regular Common Carrier Conference.

Todd, Dillon & Sullivan, Washington, D. C., Douglass & Booth, Tallahassee, Fla., for intervening defendant, Contract Carrier Conference of American Trucking Ass'ns, Inc.

Prentice Pruitt, Florida Public Service Commission, Tallahassee, Fla., for Florida Public Service Commission.

Before SIMPSON and CARSWELL, Circuit Judges, and ARNOW, Chief Judge.

PER CURIAM.

ORDER OF REMAND

To put this matter in full perspective it is necessary to allude briefly to the overall background of this litigation. In 1965 the United States District Court for the Northern District of Florida stayed two pending civil actions in its Tallahassee Division, Nos. 1098 and 1103, Keller Industries, Inc. v. Edwin L. Mason et al., whereby the jurisdiction of the State of Florida was questioned...

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