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REFRIGERATED TRANSPORT CO., INC. v. UNITED STATES

No. C74-1674A.

390 F.Supp. 845 (1975)

REFRIGERATED TRANSPORT CO., INC., et al., Plaintiffs, Colonial Refrigerated Transportation, Inc., et al., Intervening Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, National Independent Truckers Unity Committee et al., Intervening Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

Order April 14, 1975.

Attorney(s) appearing for the Case

Charles W. Singer, Singer, Sullivan & Smyth, Chicago, Ill., and Ft. Lauderdale, Fla., Alan E. Serby and Bruce E. Mitchell, Serby & Mitchell, Atlanta, Ga., for plaintiffs.

Ames, Hill & Ames, Washington, D. C., James E. Wilson, Jon F. Hollengreen, Washington, D. C., representing Carrier Conference—Irregular Route, for intervening plaintiffs.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., John W. Stokes, Jr., U. S. Atty., N. D. Ga., Atlanta, Ga., for United States.

Richard H. Streeter, Atty., Fritz R. Kahn, Gen. Counsel, I. C. C., Washington, D. C., for I. C. C.

Israel Packel, Atty. Gen., Gordon P. MacDougall, Sp. Asst. Atty. Gen., Harrisburg, Pa., for Commonwealth of Pennsylvania.

Paul D. Boas, James H. Logan, Pittsburgh, Pa., for National Independent Truckers Unity Committee.

Before BELL, Circuit Judge, and HENDERSON and MOYE, District Judges.

ORDER

MOYE, District Judge.

This is an action to review, enjoin, and set aside orders of the Interstate Commerce Commission [ICC] in Ex Parte No. MC-92, "Investigation of Impact of Rising Costs on Motor Common Carriers," served July 10, 1974, and supplemental orders served July 18, July 26, August 7 and August 22, 1974.

Jurisdiction of this three-judge court is invoked pursuant to 49 U.S.C. § 305 (g) and 28 U.S.C. §§ 1336, 2321, 2284...

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