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NORTH AMERICAN VAN LINES, INC. v. I. C. C.

No. F 74-13.

386 F.Supp. 665 (1974)

NORTH AMERICAN VAN LINES, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION et al., Defendants,

United States District Court, N. D. Indiana, Fort Wayne Division.

December 5, 1974.

Attorney(s) appearing for the Case

Donald C. Lewis and Michael L. Harvey, Fort Wayne, Ind., Virgil L. Beeler, Theodore R. Boehm, Michael J. Huston, Indianapolis, Ind., for plaintiff.

John Wilks, U. S. Atty., Fort Wayne, Ind., Theodore Knappen and Fritz R. Kahn, ICC, Washington, D. C., Clyde W. Carver, Atlanta, Ga., Thomas M. Shoaff, Fort Wayne Ind., John R. Sims, Jr., Washington, D. C., Robert E. Joyner, Memphis Tenn., for defendants.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

This is an action by plaintiff North American Van Lines seeking mandamus relief pursuant to Title 28 U.S.C.A. § 1361. The mandate requested would order the defendant Interstate Commerce Commission to perform what plaintiff contends is a clear and plain duty owed it by the Commission; that is, to proceed forthwith and rule on plaintiff's pending applications for motor carrier certificates of public...

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