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GEORGE TRANSFER AND RIGGING COMPANY, INC. v. UNITED STATES

Civ. A. No. 71-1114-Y.

380 F.Supp. 179 (1974)

GEORGE TRANSFER AND RIGGING COMPANY, INCORPORATED, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Maryland.

Decided May 2, 1974.

Attorney(s) appearing for the Case

Francis W. McInerny, Washington, D. C. (T. Bayard Williams, Jr., Baltimore, Md., John Guandolo, Peter A. Fitzpatrick and MacDonald & McInerny, Washington, D. C., on brief), for plaintiff.

Richard H. Streeter, Atty., Interstate Commerce Commission (Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigges, Atty., Dept. of Justice, George Beall, U. S. Atty., and Fritz R. Kahn, Gen. Counsel, Interstate Commerce Commission, on brief), for defendants.

Before WINTER, Circuit Judge, and KAUFMAN and YOUNG, District Judges.

WINTER, Circuit Judge:

Convened as a three-judge court in accordance with 28 U.S.C. § 2325, we are asked to enjoin, annul and set aside two orders of the Interstate Commerce Commission which have the effect of prohibiting George Transfer and Rigging Company, Incorporated (George Transfer) from transporting "pig iron," or "ferro-alloys" on pallets, as a common carrier by motor vehicle under operating certificates theretofore...

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