SERVITRON, INC. v. I. C. C.

Civ. A. No. 73-1.

380 F.Supp. 1344 (1974)

SERVITRON, INC., a corporation, and Alfred E. Smith, an Individual, v. INTERSTATE COMMERCE COMMISSION, a Federal Agency, and the United States of America.

United States District Court, M. D. Louisiana.

September 5, 1974.


Attorney(s) appearing for the Case

C. W. Phillips, Taylor, Porter, Brooks & Phillips, Baton Rouge, La., Landon H. Rowland, Robert C. Canfield, Thomas R. Brous, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for plaintiffs.

Douglas M. Gonzales, U. S. Atty., M. D. La., Baton Rouge, La., David C. Shonka, Atty., Civil Dept., Dept. of Justice, Washington, D. C., for the United States.

Fritz R. Kahn, Gen. Counsel, I.C.C., Bernard A. Gould, Director, Bureau of Enforcement, I.C.C., Washington, D. C., for Interstate Commerce Commission.


E. GORDON WEST, District Judge:

This matter is before the Court on the motions of the defendant, Interstate Commerce Commission, for judgment on the pleadings, and in the alternative, for summary judgment. Very exhaustive briefs and exhibits have been filed in this matter, and in view thereof, the Court concludes that no oral argument is necessary.

The primary dispute in this case revolves around the question of whether or not the Interstate Commerce Commission...

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