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WATSON BROS. TRANSP. CO. v. UNITED STATES

Civil Action No. 563.

59 F.Supp. 762 (1945)

WATSON BROS. TRANSP. CO., Inc., v. UNITED STATES et al.

District Court, D. Nebraska, Omaha Division.

March 24, 1945.

Attorney(s) appearing for the Case

Lawrence W. Moore, of Omaha, Neb., for plaintiff.

Wendell Berge, Asst. Atty. Gen., Edward Dumbauld, Sp. Asst. to Atty. Gen., and Joseph T. Votava, U. S. Atty., of Omaha, Neb., for defendant United States.

Daniel W. Knowlton, Chief Counsel, and Nelson Thomas, Atty., both of Washington, D. C., for defendant Interstate Commerce Commission.

Before JOHNSEN, Circuit Judge, and DONOHOE and DELEHANT, District Judges.

DELEHANT, District Judge.

The plaintiff, a Nebraska corporation, seeks in this action, brought under the jurisdictional provisions of 28 U.S.C.A. § 41(28), utilized in 49 U.S.C.A. §§ 17(9) and 305(g), to enjoin an order of the Interstate Commerce Commission, through its division 5, made and given on November 18, 1943, in MC-70451, only to the extent that it denies to the plaintiff the authority to render service as a common carrier by motor vehicle...

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