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LEONARD BROS. TRUCKING CO. v. UNITED STATES

Civ. No. 69-646.

301 F.Supp. 893 (1969)

LEONARD BROS. TRUCKING CO., Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Munitions Carriers Conference, Inc., Tri-State Motor Transit Co., Hughes Transportation, Inc., Riss & Co., Inc., and C. I. Whitten Transfer Co., Intervenors-Defendants.

United States District Court S. D. Florida.

July 18, 1969.

Attorney(s) appearing for the Case

Thos. B. DeWolf, of Helliwell, Melrose & DeWolf, Miami, Fla., and Turney & Turney, Washington, D. C., for plaintiff.

Lloyd G. Bates, Jr., Asst. U. S. Atty., for the United States.

Emmanuel H. Smith, Washington, D. C., for Interstate Commerce Commission.

Wm. P. Simmons, Jr., and Karl Hart, of Shutts & Bowen, Miami, Fla., and J. H. Dail, Jr., of Croft & Dail, Washington, D. C., for Munitions Carriers Conference, Inc.

J. Thomas Cardwell, of Akerman, Senterfitt, Eidson, Mesmer, Robbinson & Wharton, Orlando, Fla., for Gateway Transportation Co., Inc., C. W. Transport, Inc., Clairmont Transfer Co., Inc. and Allard-Express, Inc.

Shelby Highsmith, Miami, Fla., and Elliott Bunce, of Rice, Carpenter & Carraway, Washington, D. C., for Regular Common Carrier Conference of American Trucking Associations, Inc.

Before DYER, Circuit Judge, CHOATE, Senior District Judge, and MEHRTENS, District Judge.

DYER, Circuit Judge:

Spawned amongst a multiplicity of litigation in various district courts in various states, this suit began as a civil action by Leonard Bros. Trucking Co., Inc., against the United States and the Interstate Commerce Commission, to enjoin and set aside two ICC orders, International Transport1 and Ace Doran,2 which ruled that certain commodities are beyond the purview of ICC...

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