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TOSE, INC. v. UNITED STATES

Civ. A. No. 68-2576.

304 F.Supp. 894 (1969)

TOSE, INC. and O'Connor's Express v. UNITED STATES of America, and Interstate Commerce Commission.

United States District Court E. D. Pennsylvania.

August 7, 1969.

Attorney(s) appearing for the Case

Desmond J. McTighe, McTighe, Koch, Brown & Weiss, Norristown, Pa., for plaintiffs.

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa.; Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, Nahum Litt, Atty., I. C. C., Washington, D. C., for Interstate Commerce Commission.

V. Baker Smith, James W. Patterson, Morgan, Lewis & Bockius, Philadelphia, Pa., for AAA Trucking Corp., Accelerated Transport-Pony Express, Inc., Branch Motor Express Co., Friedmans Express, Inc., Hall's Motor Transit Co. and Jones Motor Co., Inc.

Maxwell A. Howell, Corcoran, Foley, Youngman & Rowe, Washington, D. C., Francis P. Barrett, Barrett and Barrett, East Milton (Boston), Mass., V. Baker Smith, Morgan, Lewis & Bockius, Philadelphia, Pa., for Eastern Freight Ways, Inc., Easton Motor Freight, Inc., M & M Transportation Co., Royal Motor Lines, Inc., St. Johnsbury Trucking Co., Inc., and Stearly's Motor Freight, Inc.

Before FREEDMAN, Circuit Judge, and WOOD and BODY, District Judges.

OPINION AND ORDER

WOOD, District Judge.

This is an appeal from a Decision and Order of the Interstate Commerce Commission which approved the acquisition by Tose, Inc., of O'Connor's Express, Inc., but refused to allow the transfer of certain operating rights formerly held by O'Connor. Pursuant to 28 U.S.C. § 2284(1) it was determined that the issues involved were appropriate for hearing by a three-judge court whereupon Chief Judge of the Third Circuit...

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