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METROPOLITAN SHIPPING AGENTS OF ILL., INC. v. UNITED STATES

Civ. A. No. 1720-71.

342 F.Supp. 1266 (1972)

METROPOLITAN SHIPPING AGENTS OF ILLINOIS, INC., and Freeman E. Mohry, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. New Jersey, Civil Division.

April 27, 1972.

Attorney(s) appearing for the Case

Sheldon Krupnick, New York City, Alan Goldstein, Union, N. J., Isadore Richman, New York City, for plaintiffs.

Seymour Glanzer, I. C. C., Washington, D. C.

Herbert J. Stern, U. S. Atty., by Stephen King, Asst. U. S. Atty., (for the Government), Dept. of Justice, Newark, N. J., for defendants.

Before JAMES ROSEN, Circuit Judge, and AUGELLI and GARTH, District Judges.

OPINION

GARTH, District Judge:

Plaintiffs sue to set aside, enjoin and annul an order of the Interstate Commerce Commission ordering plaintiffs to cease and desist its operations as a freight forwarder in violation of Section 410(a) of the Interstate Commerce Act.1 A statutory Three Judge Court was duly empanelled pursuant to 28 U.S.C. § 2325. On January 27, 1972, an order was entered continuing a restraint against the enforcement...

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