COLUMBIA SHIPPERS AND RECEIVERS ASS'N, INC. v. U. S.

Civ. A. Nos. 3506, 3533, 3552.

301 F.Supp. 310 (1969)

COLUMBIA SHIPPERS AND RECEIVERS ASSOCIATION, INC., et al., Plaintiffs, and Los Angeles Wholesale Institute, Intervening Plaintiff, v. UNITED STATES of America et al., Defendants, and National Motor Freight Traffic Association, Inc., et al., Intervening Defendants. NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, Inc., et al., Plaintiffs, v. UNITED STATES of America et al., Defendants, and Columbia Shippers and Receivers Association, Inc., et al., Intervening Defendants. FREIGHT FORWARDERS INSTITUTE, Plaintiff, v. UNITED STATES of America et al., Defendants, and Columbia Shippers and Receivers Association, Inc., et al., Intervening Defendants.

United States District Court D. Delaware.

July 2, 1969.


Attorney(s) appearing for the Case

Arthur F. DiSabatino, Killoran & Van Brunt, Wilmington, Del., Ronald N. Cobert and Philip R. Ehrenkranz, Grove, Jaskiewicz & Gilliam, Washington, D. C., of counsel, for plaintiffs in C.A. 3506 and intervening defendants in C.A. 3533 and C.A. 3552.

Arthur F. DiSabatino, Killoran & Van Brunt, Wilmington, Del., Stanley E. Tobin and Robert P. Hess, Hill, Farrer & Burrill, Los Angeles, Cal., of counsel, for intervening plaintiff and intervening defendant Los Angeles Wholesale Institute.

Richard L. McMahon, Potter, Anderson & Corroon, Wilmington, Del., Joe G. Fender, Fender & Crawford, Houston, Tex., of counsel, for intervening plaintiff and intervening defendant, National Conference of Non-Profit Shipping Associations, Inc.

David A. Drexler and Lewis S. Black, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Thomas M. Knebel and Bryce Rea, Jr., Rea, Cross & Knebel, Washington, D. C., of counsel, for plaintiffs in C.A. 3533.

H. James Conaway, Jr., and Richard H. May, Young, Conaway, Stargatt & Taylor, Wilmington, Del., George H. Leonard and G. Morrow, New York City, of counsel, for plaintiff Freight Forwarders Institute.

Richard W. McLaren, Asst. Atty. Gen., and John H. D. Wigger, Attorney, U. S. Department of Justice, Washington, D. C., Alexander Greenfeld, U. S. Atty., Wilmington, Del., for defendant, United States of America.

Robert W. Ginnane, General Counsel, and Manny H. Smith, Attorney, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

Before BIGGS, Circuit Judge, and WRIGHT and LAYTON, District Judges.


OPINION

CALEB M. WRIGHT, District Judge.

There are before the Court three separate actions to review and set aside the report and order of the Interstate Commerce Commission (ICC or Commission) in National Motor Freight Traffic Association, Inc. v. Columbia Shippers Association, 105 M.C.C. 846 (1967). Jurisdiction and venue in each action are based on 28 U.S.C. §§ 1336 and 1398; each action is brought against the United States as required by 28...

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