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KELLER TRUCKING, INC. v. UNITED STATES

No. 73-292-Civ-JE.

374 F.Supp. 848 (1974)

KELLER TRUCKING, INC., Plaintiff, Contract Carrier Conference of American Trucking Associations, Inc., Intervening Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, S. D. Florida.

January 29, 1974.

Attorney(s) appearing for the Case

Pestcoe & Payton, Miami, Fla., Todd, Dillon & Sullivan, Washington, D. C., for plaintiff.

Fritz R. Kahn, U. S. Atty., for defendants.

Before DYER, Circuit Judge, EATON and ROETTGER, District Judges.

MEMORANDUM OPINION and ORDER

In this action, filed under 28 U.S.C. §§ 1336 and 2321-2325, plaintiffs seek to set aside a decision and order of the Interstate Commerce Commission denying Keller Trucking, Inc.'s application for a permit authorizing operation as a contract carrier by motor vehicle. Oral argument was heard by this Three-Judge Court on December 17, 1973.

On July 6, 1970, Keller Trucking, Inc. filed its application under Section 209...

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