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MANLEY TRANSFER CO., INC. v. UNITED STATES

Civ. A. No. KC-3515.

370 F.Supp. 1216 (1973)

MANLEY TRANSFER CO., INC., a corporation, and Capitol Truck Lines, Inc., a corporation, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Wichita-Southeast Kansas Transit, Inc., Intervening Defendant.

United States District Court, D. Kansas.

May 15, 1973.

Attorney(s) appearing for the Case

Frank W. Taylor, Kansas City, Mo., and Howard A. Spies, Topeka, Kan., for plaintiff, Manley.

Glen Kelly, Asst. U. S. Atty., Kansas City, Kan., for United States.

Theodore C. Knappen, Washington, D. C., for I.C.C.

Robert E. Joyner, Memphis, Tenn., for intervenor-defendant Wichita-Southeast Kansas Transit, Inc.

Before HILL, Circuit Judge, and TEMPLAR and O'CONNOR, District Judges.

HILL, Circuit Judge.

Plaintiffs seek to annul and set aside the grant by the Interstate Commerce Commission of motor carrier authority to Wichita-Southeast Kansas Transit, Inc. (Wichita-Southeast) for transportation service to the public in southeastern Kansas. Jurisdiction is bottomed on 49 U.S.C. §§ 17 and 305(g), 28 U.S.C. §§ 1336, 1396, 2284 and 2321-2325, and 5 U.S.C. §§ 556, 557 and 701-706.

Plaintiffs are two trucklines...

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