SULLIVAN, District Judge.
This is an action for a declaratory judgment and an injunction filed by plaintiff on June 26, 1945, against defendants. The complaint alleges in substance that the plaintiff is a common carrier, although not regulated as such under the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq.; that Section 302 of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A Appendix, § 942, provides that rates charged by common carriers...
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