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SUBLER TRANSFER, INC. v. UNITED STATES

Civ. No. 4455.

396 F.Supp. 762 (1975)

SUBLER TRANSFER, INC., Plaintiff, Midwest Emery Freight System, Inc., Intervening Plaintiff, v. The UNITED STATES of America, and The Interstate Commerce Commission, Defendants, and Frostways, Inc., Intervening Defendant.

United States District Court, S. D. Ohio, W. D.

January 21, 1975.

Attorney(s) appearing for the Case

Paul B. Roderer, Dayton, Ohio, E. Stephen Heisley, Washington D. C., for plaintiffs.

Robert D. Schuler, Bloomfield, Mich., Howard N. Thiele, Jr., Armisted W. Gilliam, Jr., Dayton, Ohio, for defendants.

Before PECK, Circuit Judge, WEINMAN, Senior District Judge, and RUBIN, District Judge.

OPINION

CARL B. RUBIN, District Judge.

This matter is before the Court following the joint submission of briefs and memoranda by the parties. Plaintiffs seek to have the Court set aside certain orders of the Interstate Commerce Commission (hereinafter I.C.C. or Commission). This matter has been considered by a three-judge federal court properly convened and with jurisdiction to review the actions of the I.C. C. in this case. 28 U.S.C.A. §§ 1336...

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