DAILY EXPRESS, INC. v. UNITED STATES

Civ. A. No. 71-457.

342 F.Supp. 1295 (1972)

DAILY EXPRESS, INC., and Johnson Trucking Co., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, M. D. Pennsylvania.

May 17, 1972.


Attorney(s) appearing for the Case

McNees, Wallace & Nurick, Harrisburg, Pa., James Muldoon, Columbus, Ohio, for plaintiffs.

Walker B. Comegys, Acting Asst. Atty. Gen., John H. D. Wigger, Dept. of Justice, Washington D. C., for defendant United States.

Fritz R. Kahn, Seymour Glanzer, I.C.C., Washington, D. C., for defendant Interstate Commerce Comm.

Before ADAMS, Circuit Judge, SHERIDAN, Chief District Judge, and MUIR, District Judge.


OPINION

MUIR, District Judge.

This is an action brought to set aside orders of the Interstate Commerce Commission which approved the acquisition by Daily Express, Inc. of control of Johnson Trucking Co. and the operating rights of Johnson. Daily Express, Inc. is called in this opinion "Daily" and Johnson Trucking Co. is called "Johnson." Plaintiffs contend that the approving orders (1) interpreted the certificates of public convenience of Johnson incorrectly...

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