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HOUFF TRANSFER v. UNITED STATES

Civ. A. No. 313.

105 F.Supp. 851 (1952)

HOUFF TRANSFER, Inc. v. UNITED STATES et al.

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

Decided July 15, 1952.

Attorney(s) appearing for the Case

Charles A. Nelson, of Harrisonburg, Va., and Glenn F. Morgan, of Washington, D. C., for plaintiff.

Frank V. Vesper, Sp. Asst. to the Atty. Gen., for the United States.

Isaac K. Hay, Atlanta, Ga., for the Interstate Commerce Commission (H. G. Morrison, Asst. Atty. Gen., James E. Kilday, Sp. Asst. to the Atty. Gen., Howard C. Gilmer, Jr., U. S. Atty., Roanoke, Va., and Edward M. Reidy, Chief Counsel, Washington, D. C., Interstate Commerce Commission, on the brief).

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

BARKSDALE, District Judge.

Houff Transfer, Inc., of Weyers Cave, Virginia, a Virginia corporation (hereinafter referred to as "Houff"), as plaintiff, instituted this action under the applicable statutes, seeking to vacate and set aside orders of the Interstate Commerce Commission entered in a proceeding under Section 5(2) of the Interstate Commerce Act, 49 U.S.C.A. § 5(2), wherein the Commission denied plaintiff's application to purchase certain operating rights...

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