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FERGUSON-STEERE MOTOR COMPANY v. UNITED STATES

Civ. A. No. 5741.

126 F.Supp. 588 (1954)

FERGUSON-STEERE MOTOR COMPANY, Plaintiff, v. UNITED STATES of America, Defendant and Interstate Commerce Commission, Intervener.

United States District Court N. D. Texas, Dallas Division.

November 3, 1954.

Attorney(s) appearing for the Case

Frank Brooks, Warren Whitham, Callaway, Reed, Kidwell & Brooks, Dallas, Tex., for plaintiff.

I. K. Hay, Interstate Commerce Commission, Washington, D. C., James Durkin, Asst. Atty. Gen., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Bernard E. English, Interstate Commerce Commission, Fort Worth, Tex., Edward M. Reidy, General Counsel, Interstate Commerce Commission, Washington, D. C., for defendant.

Before HUTCHESON, Circuit Judge, ATWELL, Chief Judge, and DAVIDSON, District Judge.

HUTCHESON, Circuit Judge.

This is an action brought under Sections 1336, 1398, and 2321-2325 of Title 28, United States Code, to set aside and annul an order of the Interstate Commerce Commission, hereinafter called the Commission, entered under the provisions of Section 216(g)1 of the Interstate Commerce Act, wherein the Commission suspended certain schedules of rates proposed by the plaintiff...

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