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TRI-D TRUCK LINES, INC. v. I. C. C.

No. KC-2820.

303 F.Supp. 631 (1969)

TRI-D TRUCK LINES, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Defendants, and Missouri Public Service Commission, Intervening Defendant.

United States District Court D. Kansas.

June 25, 1969.

Attorney(s) appearing for the Case

Tom B. Kretsinger and Warren H. Sapp, of Kretsinger & Kretsinger, Kansas City, Mo., and Donald A. Hardy, of Williamson, Cubbison, Hardy & Crossette, Kansas City, Kan., for plaintiff.

Robert W. Ginnane, General Counsel, and Philip W. Getts, Duluth, Minn., for defendant Interstate Commerce Commission.

Edwin M. Zimmerman, Asst. Atty. Gen., Benjamin E. Franklin, U. S. Atty., and John H. D. Wigger, Justice Department, for defendant United States of America.

Errol D. Taylor, Asst. General Counsel, for intervening defendant Missouri Public Service Commission.

Before BREITENSTEIN, Circuit Judge, and STANLEY and THEIS, District Judges.

OPINION

THEIS, District Judge.

This case is an action under 28 U.S.C. § 1336 to set aside, vacate and annul an order of the Interstate Commerce Commission (ICC) and to enjoin enforcement of its order. The plaintiff carrier, Tri-D, properly invokes a three-judge court under 28 U.S.C. § 2284. The parties concede and the Court finds it has jurisdiction of the parties and subject matter of the cause.

The Interstate Commerce Commission's order...

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