LEITCHFIELD MANUFACTURING COMPANY v. UNITED STATES

Civ. A. No. 5901.

318 F.Supp. 1214 (1970)

LEITCHFIELD MANUFACTURING COMPANY, Inc., Kane Manufacturing Company, Inc., and Horse Cave Manufacturing Company, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, W. D. Kentucky, at Louisville.

September 14, 1970.


Attorney(s) appearing for the Case

S. Russell Smith, Louisville, Ky., Moreland G. Smith, Jr., Carl L. Shipley, Washington, D. C., for plaintiff; Shipley, Akerman & Pickett, Washington, D. C., of counsel.

Ernest W. Rivers, U. S. Atty., for the United States.

Raymond M. Zimmet, Washington, D. C., for I. C. C.

Before PECK and BROOKS, Circuit Judges, and GORDON, District Judge.


PER CURIAM

This action was filed seeking to set aside an order of the Interstate Commerce Commission, and a three-judge court upheld the Commission and dismissed the complaint. Leitchfield Manufacturing Company v. United States, D. C., 312 F.Supp. 430 (1970). On appeal the Supreme Court remanded "for redetermination upon the basis of the record of the Interstate Commerce Commission proceedings" (398 U.S. 280

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