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SCHENLEY DISTILLERS CORPORATION v. UNITED STATES

Civil Action No. 300.

50 F.Supp. 491 (1943)

SCHENLEY DISTILLERS CORPORATION et al. v. UNITED STATES et al.

District Court, D. Delaware.

June 16, 1943.

Attorney(s) appearing for the Case

Charles E. Cotterill, of New York City, and Charles F. Richards (of Richards, Layton & Finger) of Wilmington, Del., for plaintiffs.

Robert L. Pierce, Sp. Asst. to Atty. Gen., Dept. of Justice, and Stewart Lynch, U. S. Atty., of Wilmington, Del., for the United States.

J. Stanley Payne, Asst. Chief Counsel, ICC, of Washington, D. C., for the Interstate Commerce Commission.

Before BIGGS and MARIS, Circuit Judges, and LEAHY, District Judge.

BIGGS, Circuit Judge.

The petitioners have filed suit against the United States of America and the Interstate Commerce Commission and pray this court to determine whether certain motor vehicle operations of Schenley Distilleries Motor Division, Incorporated, (hereinafter called Motor Division), do or do not constitute carriage of property for hire by motor vehicle in interstate commerce so as to be subject to the provisions...

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