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SERVICE MUT. LIABILITY INS. CO. v. UNITED STATES

Nos. 4400, 4401.

18 F.Supp. 613 (1937)

SERVICE MUT. LIABILITY INS. CO. v. UNITED STATES et al. H. B. CHURCH TRUCK SERVICE CO. v. SAME.

District Court, D. Massachusetts.

January 22, 1937.

Attorney(s) appearing for the Case

Brown, Field & McCarthy, LaRue Brown, and Horace P. Moulton, all of Boston, Mass., for plaintiffs.

Elmer B. Collins, Sp. Asst. to Atty. Gen., Robert M. Cooper, Sp. Atty., Department of Justice, and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, both of Washington, D. C., John Dickinson, Asst. Atty. Gen., and Francis J. W. Ford, U. S. Atty., and John A. Canavan, Asst. U. S. Atty., both of Boston, Mass., for defendants.

Before MORTON, Circuit Judge, and McLELLAN, and SWEENEY, District Judges.

MORTON, Circuit Judge.

These are two suits, the first by the Service Mutual Liability Insurance Company, the second by the H. B. Church Trust Service Company, to enjoin an order of the Interstate Commerce Commission. They were heard together before a court of three judges on motions for preliminary injunctions. The defendant has moved to dismiss. It was agreed that the bill with its exhibits might be taken as an affidavit stating the facts; there is no dispute about...

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