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ATLANTIC FREIGHT LINES v. PENNSYLVANIA PUB. UTIL. COM'N

Civ. No. 10240.

109 F.Supp. 385 (1952)

ATLANTIC FREIGHT LINES, Inc. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION.

United States District Court W. D. Pennsylvania.

December 12, 1952.

Attorney(s) appearing for the Case

Edward Dumbauld, Uniontown, Pa., Herbert Baker, Columbus, Ohio, Joseph Nissley, Harrisburg, Pa., of counsel, for plaintiff.

Albert E. Luttrell, Asst. Counsel for Pennsylvania Public Utility Commission, and Lloyd S. Benjamin, Acting Counsel, Harrisburg, Pa., for defendant.

Paul F. Barnes (of Shertz, Barnes & Shertz), Philadelphia, Pa., James H. Booser (of McNees, Wallace & Nurick), Harrisburg, Pa., amicus curiae for Intrastate carriers opposing preliminary injunction or summary judgment, i. e., Highway Exp. Lines, Inc., Kramer Bros. Freight Lines, Inc., Lancaster Transp. Co., Motor Freight Exp., Philadelphia-Pittsburgh Carriers, Inc.

MARSH, District Judge.

In this proceeding, Atlantic Freight Lines, Inc., a common carrier by motor vehicle, secured an order restraining the Pennsylvania Public Utility Commission (PUC) from prosecuting a bill in equity which the latter had filed against Atlantic in the Common Pleas Court of Dauphin County, and from otherwise interfering with its operations as an interstate carrier within Pennsylvania. Atlantic presented a motion for summary judgment under Rule 56...

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