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ARTUS TRUCKING COMPANY, INC. v. I. C. C.

Civ. A. No. 73-C-1541.

377 F.Supp. 1224 (1974)

ARTUS TRUCKING COMPANY, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Defendants.

United States District Court, E. D. New York.

June 27, 1974.

Attorney(s) appearing for the Case

Arthur J. Piken, and Bruce J. Robbins, Flushing, N.Y., for plaintiff by Bruce J. Robbins, Flushing, N.Y., of counsel.

Fritz R. Kahn, Gen. Counsel, and Peter A. Fitzpatrick, I.C.C., Washington, D.C., for defendant, I.C.C. by James K. Kurth, Washington, D.C., of counsel.

Thomas E. Kauper, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., David G. Trager, U. S. Atty., E.D.N.Y., Henry Brachtl, Asst. U. S. Atty., E.D. N.Y., Brooklyn, N.Y., John H. D. Wigger, Atty., Dept. of Justice, Anti-Trust Div., Washington, D.C., for defendant, United States.

Before MOORE, Circuit Judge, and BARTELS and TRAVIA, District Judges.

PER CURIAM.

Plaintiff seeks an order vacating and setting aside certain orders of the Interstate Commerce Commission ("ICC") which denied plaintiff's application for motor common carrier operating authority between New York, N.Y. and points within eight states and the District of Columbia, within a two hundred and fifty mile radius of New York, N.Y. The jurisdiction of this three judge court is invoked pursuant to Title 5 U.S.C. § 702 and Title 28 U.S.C. §...

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