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INTERSTATE COMMERCE COMMISSION v. NORTH PIER TERMINAL CO.

No. 9420.

164 F.2d 640 (1947)

INTERSTATE COMMERCE COMMISSION v. NORTH PIER TERMINAL CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 9, 1948.

Attorney(s) appearing for the Case

Robert N. Burchmore and John S. Burchmore, both of Chicago, Ill. (Walter, Burchmore & Belnap, of Chicago, Ill., of counsel), for appellants.

Colin A. Smith, of Chicago, Ill. (James A. Murray and Gregory U. Harmon, both of Washington, D. C., of counsel), for appellee.

Before EVANS and MAJOR, Circuit Judges, and BRIGGLE, District Judge.

EVANS, Circuit Judge.

The I.C.C. assails, as illegal, a 4¢ per hundred weight payment made by twenty motor carriers to the Terminal Company (one of the defendants herein) for services in assembling and handling the freight of its tenants, for shipment by the respective carriers. The I.C.C. brought suit under 49 U.S.C.A. §§ 304 (a) (6), 322 (b)* for, and obtained, on motion for summary judgment, an injunction against the...

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