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AUTO TRANSPORTS v. UNITED STATES

Civ. No. 5009.

101 F.Supp. 132 (1951)

AUTO TRANSPORTS, Inc. v. UNITED STATES et al.

United States District Court W. D. Oklahoma.

November 2, 1951.

Attorney(s) appearing for the Case

Mosteller, McElroy & Fellers, Oklahoma City, Okl., and Wrape & Hernley, Memphis, Tenn., for plaintiff.

Richardson, Shartel & Cochran, Oklahoma City, Okl., and Henry M. Hogan, Detroit, Mich., for intervener.

Frederick R. Hanlon, Trial Atty., Dept. Justice, Washington, D. C., Robt. E. Shelton, U. S. Atty., Oklahoma City, Okl., and Samuel R. Howell, Asst. Chief Counsel, I. C. C., Washington, D. C. (H. G. Morison, Asst. Atty. Gen., James E. Kilday, John F. Baecher, Spec. Assts. to the Atty. Gen., on brief), for defendants.

Before MURRAH, Circuit Judge, and VAUGHT and WALLACE, District Judges.

MURRAH, Circuit Judge.

Pursuant to a show cause order dated November 1, 1949, the Interstate Commerce Commission, on May 17, 1950, entered its order suspending Auto Transport's right to operate as a contract motor carrier under its permit issued in MC-106553. After denial of a petition to vacate and reconsider the suspension order, which finally became effective December 15, 1950, Auto Transport brought this action against the United States and the Interstate Commerce...

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