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FISH TRANSPORT CO. v. UNITED STATES

Civ. A. No. 3142.

75 F.Supp. 647 (1944)

FISH TRANSPORT CO., Inc., v. UNITED STATES et al.

District Court, D. Massachusetts.

December 22, 1944.

Attorney(s) appearing for the Case

Joseph A. Kline, of Boston, Mass., and Harry C. Ames, Jr., of Washington, D. C., for plaintiff.

Robert L. Pierce, Sp. Asst. to Atty. Gen., Wendell Berge, Asst. Atty. Gen., and Edmund J. Brandon, U. S. Atty., of Boston, Mass., for defendant United States.

Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, and E. M. Reidy, Asst. Chief Counsel, Interstate Commerce Commission, both of Washington, D. C., for defendant Interstate Commerce Commission.

Samuel W. Earnshaw, of New Haven, Conn., and Paul F. Perkins, of Boston, Mass., for intervenors Palmer and others, trustees of the N. Y., N. H. & H. R. R.

Before MAHONEY, Circuit Judge, and SWEENEY and WYZANSKI, District Judges.

SWEENEY, District Judge.

In this action, heard by a three-judge court, the plaintiff seeks an order annulling and setting aside an order of the Interstate Commerce Commission dated April 29, 1944, and other incidental relief.

The hearing, which was originally scheduled to pass upon the question of a temporary injunction, by agreement of all of the parties, was extended to encompass not only the question of a temporary injunction but a permanent injunction...

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