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NORTH-SOUTH FREIGHTWAYS v. UNITED STATES

55 F.Supp. 696 (1944)

NORTH-SOUTH FREIGHTWAYS, Inc., v. UNITED STATES et al.

District Court, S. D. New York.

February 29, 1944.

Attorney(s) appearing for the Case

Harris J. Klein, of New York City (William Biederman, of New York City, of counsel), for plaintiff.

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

Allen Crenshaw, of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C., of counsel), for Interstate Commerce Commission.

Before CHASE, Circuit Judge, and HULBERT and MANDELBAUM, District Judges.

CHASE, Circuit Judge.

This cause was heard by a court of three judges constituted in accordance with the statute, 38 Stat. 220, 28 U.S.C.A. § 47.

The plaintiff, a New Jersey corporation, seeks to enjoin the enforcement of, and to set aside an order of, the Interstate Commerce Commission which (1) denied in part and granted in part its application for authority to operate as a motor carrier in interstate commerce under the so-called "grandfather" provisions...

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