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RICHARD DAHN, INC. v. I. C. C.

Civ. A. No. 966-71.

335 F.Supp. 337 (1971)

RICHARD DAHN, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Defendants, and Moon Freight Lines Inc. et al., Intervening Defendants.

United States District Court, D. New Jersey.

December 15, 1971.

Attorney(s) appearing for the Case

Herman B. J. Weckstein, Newark, N. J., for plaintiff.

Theodore C. Knappen, Office of the General Counsel, Interstate Commerce Commission Washington, D. C., for defendant, I. C. C.

Herbert J. Stern, U. S. Atty. by James B. Smith, Asst. U. S., Atty., Newark, N. J., for defendant, U. S.

Harry Schaffer, Newark, N. J., for intervening defendants; Walter F. Jones, Jr., Indianapolis, Ind., of counsel for Moon Freight, Moorman, and Sims; Guy H. Postell and Frank D. Hall, Atlanta, Ga., of counsel, for Harper, Argo, Mercury, and Jenkins.

Before McLAUGHLIN, Senior Circuit Judge, and COOLAHAN and LACEY, District Judges.

OPINION

LACEY, District Judge:

Plaintiff sues to set aside, vacate and annul an Interstate Commerce Commission (Commission) order denying plaintiff's application to extend its motor common carrier operating authority. Jurisdiction exists under 28 U.S.C. § 1336 and 49 U.S.C. § 17(9). A three-judge court was duly appointed and convened and seven carriers which had appeared in the proceeding below were permitted to intervene under 28 U.S.C. §...

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