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AAACON AUTO TRANSPORT INC. v. UNITED STATES

No. 70 Civ. 1168.

317 F.Supp. 1314 (1970)

AAACON AUTO TRANSPORT INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Auto Driveaway Company, Intervenor.

United States District Court, S. D. New York.

October 16, 1970.

Attorney(s) appearing for the Case

Morton E. Kiel, New York City, for plaintiff; Zola & Zola, New York City, of counsel.

Whitney North Seymour, U. S. Atty., S. D. N. Y., for defendants; Joseph D. Danas, Asst. U. S. Atty., Arthur M. Toback, Atty., Interstate Commerce Comm., Washington, D. C., of counsel.

Daniel B. Johnson, Washington, D. C., Solomon Granett, Halperin, Morris, Granett & Cowan, New York City, for intervenor.

Before KAUFMAN, Circuit Judge, and LEVET and METZNER, District Judges.

LEVET, District Judge.

AAACon Auto Transport Inc. (hereinafter referred to as "AAACon"), plaintiff herein, seeks to suspend, annul and set aside an order of the Interstate Commerce Commission (hereinafter referred to as "Commission") in a proceeding entitled "Auto Driveaway Company, Extension-Points in United States," No. MC-125985 (Sub-No. 4) authorizing the issuance of a certificate of public convenience and necessity to Auto Driveaway Company (hereinafter referred...

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