BARRETT MOBILE HOME TRANSPORT, INC. v. UNITED STATES

No. 4-71 Civil 627.

381 F.Supp. 1317 (1973)

BARRETT MOBILE HOME TRANSPORT, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Morgan Drive Away, Inc., et al., Intervening Defendants.

United States District Court, D. Minnesota, Fourth Division.

September 5, 1973.


Attorney(s) appearing for the Case

Mackall, Crounse & Moore, by Clay R. Moore and Frank A. Dvorak, Minneapolis, Minn., Rea, Cross & Knebel, by Donald E. Cross, Washington, D.C., and McLaughlin & Stearns, by John G. McLaughlin, Portland, Or., for plaintiff.

Fritz R. Kahn, Gen. Counsel, and Seymour Glanzer, Atty., Interstate Commerce Commission, Washington, D.C., for defendant Interstate Commerce Commission.

Robins, Davis & Lyons, by Sidney S. Feinberg, Minneapolis, Minn., and Singer & Lippman, by William Lippman, Washington, D.C., for intervening defendant Morgan Drive Away, Inc.

Robins, Davis & Lyons, by Sidney S. Feinberg, Minneapolis, Minn., Grove, Jaskiewicz & Gilliam, by Leonard A. Jaskiewicz and Ira G. Megdal, Washington, D.C., and Richard O. Battles and Fred Rahal, Jr., Tulsa, Okl., for intervening defendant National Trailer Convoy, Inc.

Robins, Davis & Lyons, by Sidney S. Feinberg, Minneapolis, Minn., Ames, Hill & Ames, by Wilmer B. Hill, Washington, D.C., and Mitchell King, Jr., Greenville, S.C., for intervening defendant Transit Homes, Inc.

Before HEANEY, Circuit Judge, DEVITT, Chief District Judge, and LORD, District Judge.


OPINION

MILES W. LORD, District Judge:

This matter is before the Court pursuant to 28 U.S.C. §§ 1336, 1398 and 2321-2324. A three judge district court was formed pursuant to 28 U.S.C. §§ 2284 and 2325.

Plaintiff Barrett Mobile Home Transport, Inc. seeks to permanently enjoin and set aside certain orders of the defendant Interstate Commerce Commission which denied, in whole or in part...

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