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DART TRANSIT CO. v. INTERSTATE COMMERCE COMMISSION

Civ. A. No. 4288.

110 F.Supp. 876 (1953)

DART TRANSIT CO. v. INTERSTATE COMMERCE COMMISSION et al.

United States District Court D. Minnesota, Fourth Division.

March 20, 1953.

Attorney(s) appearing for the Case

Lee Loevinger, Minneapolis, Minn. (Larson, Loevinger, Lindquist, Freeman & Fraser, Minneapolis, Minn., on the brief), for plaintiff.

C. H. Johns, Asst. Chief Counsel, Interstate Commerce Commission, Washington, D. C. (Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., on the brief), for defendant Interstate Commerce Commission.

Philip L. Roache, Jr., Sp. Asst. to the Atty. Gen., and Philip Neville, U. S. Atty., St. Paul, Minn. (James E. Kilday, Sp. Asst. to the Atty. Gen., and Edward P. Hodges, Acting Asst. Atty. Gen., on the brief), for defendant United States.

David Axelrod, Axelrod, Goodman & Steiner, Chicago, Ill., for Intervener.

Before SANBORN, Circuit Judge, NORDBYE, Chief District Judge, and BELL, District Judge.

SANBORN, Circuit Judge.

This action is the outgrowth of a chronic controversy between Dart Transit Company (hereinafter called Dart), a contract carrier by motor vehicle, and the Interstate Commerce Commission with respect to the commodity coverage of the permit issued by the Commission to Dart. Dart seeks to have set aside the report and order of Division 5 of the Commission entered May 26, 1952, in Docket No. MC-C-1185, Dart Transit Company—Investigation...

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