AD HOC COMMITTEE ON CONSUMER PRO. v. UNITED STATES

Civ. A. No. 766-70.

317 F.Supp. 370 (1970)

AD HOC COMMITTEE ON CONSUMER PROTECTION, Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission and Penn Central Railroad et al., Defendants.

United States District Court, District of Columbia.

September 18, 1970.


Attorney(s) appearing for the Case

Jacob P. Billig, Norman C. Barnett, Benny L. Kass and William L. Gardner, Washington, D. C., for plaintiff.

Fritz R. Kahn, Deputy Gen. Counsel, and Arthur M. Toback, Atty., I. C. C., for defendant Interstate Commerce Commission.

Carl Helmetag, Jr., Philadelphia, Pa., and Paul F. McArdle, Washington, D. C., for defendant Penn Central Railroad.

Asst. Atty. Gen. Richard W. McLaren, Thomas A. Flannery, U. S. Atty., and Howard E. Shapiro, George Edelstein and Robert B. Nicholson, Attys., Dept. of Justice, for defendant United States.

Before WRIGHT and LEVENTHAL, Circuit Judges, and WADDY, District Judge.


PER CURIAM:

The background of this litigation is disclosed in detail in our prior opinion in this case reported at 313 F.Supp. 119. Before this court now is the single question whether the railroads were required by Section 6(1) of the Interstate Commerce Act1 to include in their tariffs the guaranteed scheduling policy as to fresh vegetables and melons to which they had agreed with the Western Growers...

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