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KANSAS CITY & LEAVENWORTH TRANSP. CO. v. UNITED STATES

Civil Action No. 313.

51 F.Supp. 916 (1943)

KANSAS CITY & LEAVENWORTH TRANSP. CO. v. UNITED STATES et al.

District Court, D. Delaware.

September 21, 1943.

Attorney(s) appearing for the Case

C. S. Layton (of Richards, Layton & Finger), of Wilmington, Del., and Frank H. Terrel, of Kansas City, Mo., for plaintiff.

Stewart Lynch, U. S. Atty., and W. Thomas Knowles, Asst. U. S. Atty., both of Wilmington, Del., Tom C. Clark, Asst. Atty. Gen., and Edward Dumbauld, Sp. Asst., for the United States.

Daniel W. Knowlton, Chief Counsel, of Washington, D. C., and Allen Crenshaw, of Birmingham, Ala., for Interstate Commerce Commission.

James R. Morford, of Wilmington, Del., and H. H. Larimore, Toll R. Ware, and George W. Holmes, all of St. Louis, Mo., for Missouri Pacific Transp. Co.

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

LEAHY, District Judge.

This case arises under the provisions of the Urgent Deficiencies Act, 28 U.S.C.A. §§ 43-48, wherein plaintiff, The Kansas City & Leavenworth Transportation Company, seeks to set aside or enjoin an order of the Interstate Commerce Commission whereby Missouri Pacific Transportation Company (herein called "Missouri Pacific") is about to be granted a permanent certificate as a common carrier by motor vehicle, pursuant to Sec. 207(a...

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