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GREGG CARTAGE & STORAGE CO. v. UNITED STATES

Civil Action No. 20369.

42 F.Supp. 266 (1941)

GREGG CARTAGE & STORAGE CO. et al. v. UNITED STATES et al. (NORTHEASTERN TRANSPORTATION CO., Intervener).

District Court, N. D. Ohio, E. D.

February 20, 1941.

Attorney(s) appearing for the Case

Howell Leuck and Bingham W. Zellmer, both of Cleveland, Ohio, for plaintiffs.

Frank Coleman, Atty., Department of Justice, of Washington, D.C., and S. R. Brittingham, Sp. Asst. to Atty. Gen., for the United States.

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

Before ALLEN, Circuit Judge, and JONES and WILKIN, District Judges.

PER CURIAM.

This action was brought under Sec. 41 (28), 43-48, Title 28 U.S.C., 28 U.S.C.A. §§ 41 (28), 43-48, to set aside, annul or suspend an order of the Interstate Commerce Commission which denied the plaintiff's application for certificate of convenience and necessity, as provided for in Sec. 306(a), Title 49 U.S.C., 49 U.S.C.A. § 306 (a).

The Intervenor, Northeastern Transportation Company, claims to have succeeded to the rights and interests...

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