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BOWEN TRANSPORTS v. UNITED STATES

Civ. No. 1152-D.

116 F.Supp. 115 (1953)

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

United States District Court, E. D. Illinois.

October 19, 1953.

Attorney(s) appearing for the Case

Mack Stephenson and Earl S. Hodge, Springfield, Ill., V. W. McIntire, Danville, Ill., for plaintiff.

Axelrod, Goodman & Steiner, Chicago, Ill., for Decatur Cartage & Hayes Freight Lines, Inc.

Boyce, Guenther, Harrison & Moberly, Indianapolis, Ind., for Warsaw Trucking Co., Inc.

Clifford M. Raemer, U. S. Atty., Salem, Ill., James E. Kilday and Charles S. Sullivan, Jr., Sp. Assts. to Atty. Gen., Stanley N. Barnes, Asst. Atty. Gen., of counsel, for the United States.

Edward M. Reidy, Chief Counsel, David H. Dantzler, Bureau of Law, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Before LINDLEY, Circuit Judge, WHAM, Chief Judge, and PLATT, District Judge.

PLATT, District Judge.

Plaintiff Bowen Transports, Inc. filed a complaint in this court on May 27, 1953 praying for an injunction to restrain the Interstate Commerce Commission from enforcing its orders denying to the plaintiff temporary authority for service.

The record discloses the following facts which are undisputed. The plaintiff filed on January 15, 1953 with the District Supervisor of the Bureau of Motor Carriers, at Springfield, Illinois, an application...

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