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DE BARDELEBEN COAL CORPORATION v. UNITED STATES

Civ. No. 2667.

54 F.Supp. 643 (1944)

DE BARDELEBEN COAL CORPORATION et al. v. UNITED STATES et al.

District Court, W. D. Pennsylvania.

March 17, 1944.

Attorney(s) appearing for the Case

Clyde A. Armstrong, of Pittsburgh, Pa., for plaintiffs.

Charles F. Uhl, U. S. Atty., of Pittsburgh, Pa., and J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for defendants.

Before BIGGS and JONES, Circuit Judges, and McVICAR, District Judge.

JONES, Circuit Judge.

This suit was brought by the plaintiffs (hereinafter referred to as the "Coyle Lines") under appropriate provisions of the Judicial Code, 28 U.S.C.A. § 41(28) and §§ 43-48, inc., to enjoin and set aside an order of the Interstate Commerce Commission in so far as the certificate of public convenience and necessity thereby granted to Union Barge Line Corporation (hereinafter referred to as "Union") permits the latter to operate as...

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