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SMITH & SOLOMON TRUCKING CO. v. UNITED STATES

Civ. No. 989-53.

120 F.Supp. 277 (1954)

SMITH & SOLOMON TRUCKING CO. v. UNITED STATES et al.

United States District Court, D. New Jersey.

April 7, 1954.

Attorney(s) appearing for the Case

James F. X. O'Brien, Newark, N. J., Kenneth J. McAuliffe, New York City, Wilmer A. Hill, Washington, D. C., for plaintiff.

William F. Tompkins, U. S. Atty., Newark, N. J., John H. D. Wigger, Special Asst. to the Atty. Gen., for the United States.

Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Shanley & Fisher, F. Earl Walter, Jr., Newark, N. J., Baldwin, Jarmin & Norris (William J. Little, Baltimore, Md., of counsel), for intervenors.

Before McLAUGHLIN, Circuit Judge, and SMITH and MEANEY, District Judges.

McLAUGHLIN, Circuit Judge.

This matter consists of two separate actions by a motor vehicle common carrier which were consolidated for hearing purposes.

The first of these, originally bearing the docket number 989-53, is to set aside the report and order of the Commission of April 20, 1953 and the order of the Commission of October 5, 1953 denying the plaintiff's petition for further consideration of the April 20, 1953 order.

Plaintiff, a New Jersey...

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