VALLEY LINE COMPANY v. UNITED STATES

Civ. A. No. 74-105.

390 F.Supp. 435 (1975)

The VALLEY LINE COMPANY et al., Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court, W. D. Pennsylvania.

January 30, 1975.


Attorney(s) appearing for the Case

G. Daniel Carney, Thorp, Reed & Armstrong, Pittsburgh, Pa., Arthur L. Winn, Jr., Samuel H. Moerman, Paul M. Donovan, Washington, D.C., for plaintiffs.

Fritz R. Kahn, James Kurth, I.C.C., Washington, D.C., for I.C.C.

Richard L. Thornburgh, U.S. Atty., Pittsburgh, Pa., for the U.S.

Before WEIS, Circuit Judge, and DUMBAULD and SCALERA, District Judges.


OPINION

SCALERA, District Judge.

I

This is an action under the provisions of 28 U.S.C., sections 1336, 1398, 2284 and 2321-2325 and 5 U.S.C. sections 701-706, to set aside orders of the Interstate Commerce Commission (Commission) entered in its Finance Docket F26737, Katy Industries, Inc.-Control-Cenac Towing Co., Inc., 342 I.C.C. 666. Those orders held that Cenac Towing Co., whose transporation operations are exempted from regulation by the Commission...

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