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CARL SUBLER TRUCKING, INC. v. UNITED STATES

Civ. A. No. 3616.

313 F.Supp. 971 (1970)

CARL SUBLER TRUCKING, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Commercial Carrier Corporation, Wilson Brothers Truck Line, Inc., Gateway Transportation Co., Inc., Ryder Truck Lines, Inc., and Everett Lowrance, Intervener-Defendants.

United States District Court, S. D. Ohio, W. D.

May 20, 1970.

Attorney(s) appearing for the Case

Carroll V. Lewis, Sidney, Ohio, W. T. Croft, J. G. Dail, Jr., Washington, D. C., for plaintiff.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., William W. Milligan, U. S. Atty., Columbus, Ohio, for the United States.

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

M. Craig Massey, Lakeland, Fla., for intervening defendants.

Before PECK, Circuit Judge, and WEINMAN and PORTER, District Judges.

OPINION AND ORDER

WEINMAN, District Judge.

This action is brought by plaintiff Carl Subler Trucking, Inc. (Subler) to set aside and have enjoined the following Orders of the Interstate Commerce Commission (Commission):

1) An order of the Commission, Division I, issued February 1, 1963 in a proceeding before the Commission identified as No. MC-116763 (Sub-No. 19) directing plaintiff to show cause why its...

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