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LONE STAR PACKAGE CAR CO. v. UNITED STATES

Civ. A. No. 4-355.

379 F.Supp. 1215 (1974)

LONE STAR PACKAGE CAR CO., et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, N. D. Texas, Fort Worth Division.

February 19, 1974.

Attorney(s) appearing for the Case

Richard L. McGraw, Houston, Tex., Giles Morrow, George H. Leonard, New York City, Theo. R. Schneider, St. Louis, Mo., for plaintiffs and intervening plaintiff Freight Forwarders Institute.

Francis M. Shea, William H. Dempsey, Jr., Washington, D. C., Frank Finn, Jr., Dallas, Tex., Walter J. Myskowski, W. Graham Claytor, Jr., William D. McLean, James A. Bistline, Washington, D. C., for intervening plaintiffs Southern Railway Co. and others.

Edwin M. Zimmerman, John H. D. Wigger, Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Fort Worth, Tex., for the United States.

Robert W. Ginnane, Gen. Counsel, Fritz R. Kahn, Associate Gen. Counsel, Nahum Litt, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Before GEE, Circuit Judge, and BREWSTER and WOODWARD, District Judges.

GEE, Circuit Judge:

This proceeding was commenced by the plaintiff freight forwarders to set aside and amend the order of the Interstate Commerce Commission in Ex Parte No. 230, Substituted Service — Charges and Practices of For-Hire Carriers and Freight Forwarders (Piggyback Service), reported at 322 I.C.C. 301. That proceeding broadly investigated trailer-on-flatcar (TOFC) or piggyback service as it had developed, a practice under which, generally speaking...

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