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CONTRACTORS CARGO COMPANY v. UNITED STATES

Civ. No. 67-1655.

299 F.Supp. 287 (1969)

CONTRACTORS CARGO COMPANY, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court C. D. California.

May 9, 1969.

Attorney(s) appearing for the Case

Todd, Dillon & Sullivan, by William P. Sullivan, Clarence D. Todd, and Martin Sterenbuch, Washington, D. C., Mitchell, Silberberg & Knupp, by Charles A. Collier, Jr., Los Angeles, Cal., for plaintiff.

Donald F. Turner, Asst. Atty. Gen., Civil Division, and John H. D. Wigger, Atty., Civil Division, Department of Justice, Washington, D. C., and Wm. Matthew Byrne, Jr., U. S. Atty., for Central District of California, by Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief of Civil Division, and Dzintra I. Janavs, Asst. U. S. Atty., Los Angeles, Cal., for defendant United States of America.

Robert W. Ginnane, General Counsel, and Nahum Litt, Atty., General Counsel's Office, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Before BARNES, Circuit Judge, CLARKE, Chief District Judge, and GRAY, District Judge.

OPINION

CLARKE, Chief District Judge:

Plaintiff, a contract carrier of construction equipment and material, seeks to enjoin enforcement of, and to set aside, an order of defendant Interstate Commerce Commission requiring plaintiff to cease and desist from conducting certain operations.

Alternatively, plaintiff asks the court to permit it to continue present operations pending the filing and determination...

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