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MANHATTAN TRANSIT CO. v. UNITED STATES

No. 4626.

24 F.Supp. 174 (1938)

MANHATTAN TRANSIT CO., Inc., v. UNITED STATES et al.

District Court, D. Massachusetts.

June 13, 1938.

Attorney(s) appearing for the Case

Benjamin B. Levenson, of Boston, Mass., for plaintiff.

E. M. Reidy, Asst. Chief Counsel, and Daniel W. Knowlton, Chief Counsel, both of Washington, D. C., for Interstate Commerce Commission.

Elmer B. Collins, Sp. Asst. to Atty. Gen., Thurman Arnold, Asst. to Atty. Gen., and Francis J. W. Ford, U. S. Atty., of Boston, Mass.

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

BREWSTER, District Judge.

This proceeding is brought to restrain the enforcement of and to set aside orders of the Interstate Commerce Commission, issued under the provisions of the Motor Carrier Act of 1935, 49 U.S.C.A. § 301 et seq.

Plaintiff's application for injunctive relief was heard by a three-judge court, organized under 28 U.S.C.A. § 47.

The case was presented upon facts alleged in plaintiff's verified bill of complaint and amendment...

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