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MISSISSIPPI EAST, INC. v. UNITED STATES

Civ. A. No. 68-1204.

301 F.Supp. 1332 (1969)

MISSISSIPPI EAST, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Aetna Freight Lines, Inc., Daniels Motor Freight, Inc., Detroit-Pittsburgh Motor Freight, Inc., Hess Cartage Company, the Kaplan Trucking Company, Sentle Trucking Corporation, Herriott Trucking Company, Inc., Lattavo Brothers, Inc., and Industrial Cartage Co., Inc., Intervening Defendants.

United States District Court W. D. Pennsylvania.

July 14, 1969.

Attorney(s) appearing for the Case

Henry M. Wick, Jr., John A. Pillar, Delisi, Wick & Vuono, Pittsburgh, Pa., for plaintiff.

Arthur J. Diskin, Pittsburgh, Pa., John P. McMahon, George, Greek, King, McMahon & McConnaughey, Columbus, Ohio, for intervening defendants.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Richard L. Thornburg, U. S. Atty., Pittsburgh, Pa., for the United States.

Robert W. Ginnane, Gen. Counsel, Barry Roberts, Atty., Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission.

Before STAHL, Circuit Judge, and MARSH and DUMBAULD, District Judges.

OPINION

STAHL, Circuit Judge.

This action was brought by plaintiff Mississippi East, Inc., to annul and set aside the orders of the Interstate Commerce Commission (ICC) of September 18, 19671 and June 13, 1968,2 which denied plaintiff's May 17, 1965, application, at Docket No. MC-107726 (Sub-No. 3), for a certificate of public convenience and necessity under § 207(a) of the Interstate Commerce...

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