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EMERYVILLE TRUCKING, INC. v. HENNIS FREIGHT LINES

No. 77-1602.

574 F.2d 152 (1978)

EMERYVILLE TRUCKING, INC., Appellant, v. HENNIS FREIGHT LINES, INC. and Spector Industries, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided March 16, 1978.

Attorney(s) appearing for the Case

Angelo C. Procopio, Procopio and Burr, Pittsburgh, Pa., for appellant.

John A. Vuono, Charles J. Streiff, Wick, Vuono and Lavelle, Pittsburgh, Pa., for appellees.

Before ADAMS and WEIS, Circuit Judges, and COOLAHAN, Senior District Judge.

OPINION OF THE COURT

COOLAHAN, Senior District Judge.

This is an appeal pursuant to 28 U.S.C. § 1291 from a final judgment and order of the United States District Court for the Western District of Pennsylvania dismissing plaintiff's complaint. The sole question presented is whether the District Court erred in ruling that a certain Interstate Commerce Commission order was an order "for the payment of money" within the meaning of 49 U.S.C. § 16(3...

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