UNITED STATES v. FLEMING'S EXPRESS, INC.

No. 74-1105.

508 F.2d 1268 (1974)

UNITED STATES of America, Appellee, v. FLEMING'S EXPRESS, INC., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 26, 1974.


Attorney(s) appearing for the Case

Robert G. Parks, Needham, Mass., for appellant.

J. F. Walker, I.C.C., with whom James N. Gabriel, U. S. Atty., and Wayne B. Hollingsworth, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, MOORE, Senior Circuit Judge, and McENTEE, Circuit Judge.


MOORE, Senior Circuit Judge.

This is an appeal from a determination in the District Court of Massachusetts that Fleming's Express, Inc. (Fleming's)1 is guilty of a misdemeanor under the Interstate Commerce Act, 49 U.S.C. Sections 5(4) and 10(1)2, as a result of its acquisition of Shipper's Service, Inc. (Shipper's)3 without appropriate...

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