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EASTERN MOTOR CARRIERS' ASS'N v. UNITED STATES

48 F.Supp. 432 (1943)

EASTERN MOTOR CARRIERS' ASS'N v. UNITED STATES et al.

District Court, S. D. New York.

January 5, 1943.

Attorney(s) appearing for the Case

Charles E. Cotterill, of New York City, for plaintiff and supporting intervenors.

Thurman Arnold, Asst. Atty. Gen., and Robert L. Pierce, Sp. Asst. to Atty. Gen., for United States.

Nelson Thomas, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., of counsel), for Interstate Commerce Commission.

Before AUGUSTUS N. HAND, Circuit Judge, and CLANCY and CONGER, District Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an action to set aside and enjoin enforcement of an order of the Interstate Commerce Commission which held certain proposed motor carrier tariffs unlawful upon a finding that the rates were unjustly discriminatory to certain shippers. The commodity to which the rates were to be applied was hard surfaced floor covering. The railroads have a rate of 70 per cent of first-class for shipments of less than 30,000 pounds and 45 per...

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