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RAPID TRANSP. CO. v. UNITED STATES

Civ. No. 50-309.

91 F.Supp. 509 (1950)

RAPID TRANSP. CO. et al. v. UNITED STATES et al.

United States District Court D. Massachusetts.

June 27, 1950.

Attorney(s) appearing for the Case

Benjamin B. Levenson, Boston, Mass., for plaintiffs.

Frederick R. Hanlon, Special Attorney, Washington, D. C., John F. Baecher, Special Assistant to the Attorney General, Herbert A. Bergson, Assistant Attorney General, James E. Kilday, Special Assistant to the Attorney General, George F. Garrity, United States Attorney, Boston, Mass., for United States.

Edward M. Reidy, Associate Chief Counsel, Daniel W. Knowlton, Chief Counsel, Washington, D. C., for Interstate Commerce Commission.

Before MAGRUDER, Circuit Judge, and FORD and McCARTHY, District Judges.

PER CURIAM.

On July 2, 1948, Rapid Transportation Company filed with the Interstate Commerce Commission an application under § 5 of the Interstate Commerce Act, 49 U.S.C. A. § 5, for authority to acquire by purchase certain operating rights then held by Atlas Transportation Co., Inc. Though the Commission issued due notice to the public of the filing of such application, the application was not originally opposed, and for that reason the Commission did not...

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