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STEARN v. UNITED STATES

No. 174.

87 F.Supp. 596 (1949)

STEARN et al. v. UNITED STATES et al.

United States District Court. W. D. Virginia, Harrisonburg Division.

July 12, 1949.

Attorney(s) appearing for the Case

Glen F. Morgan, Washington, D. C., and Charles A. Nelson, Harrisonburg, Va., for plaintiffs.

Edward M. Dumbauld, Sp. Asst. to the Atty. Gen., and Herbert A. Bergson, Asst. Atty. Gen., for the United States.

Daniel H. Kunkel, Washington, D. C., for Interstate Commerce Commission.

Before DOBIE, Circuit Judge, PAUL, Chief Judge, and BARKSDALE, District Judge.

PAUL, Chief Judge.

The plaintiffs in this action, J. M. Stearn and Dan Hartman, who will hereafter be referred to as Stearn and Hartman respectively, are both motor carriers in interstate commerce. The purpose of the action is to have the court vacate and set aside an order of the Interstate Commerce Commission (hereafter referred to as the Commission) which denied approval of a proposed sale and transfer by Hartman to Stearn of certain of the former's operating rights...

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