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POMPROWITZ v. UNITED STATES

No. 5396.

119 F.Supp. 824 (1954)

POMPROWITZ et al. v. UNITED STATES et al.

United States District Court E. D. Wisconsin.

March 17, 1954.

Attorney(s) appearing for the Case

Dineen, Gleason, Shaughnessy & Dineen, Milwaukee, Wis., for Joseph Pomprowitz; Warren H. Wagner, Washington, D. C., for George A. Hormel & Co. and Oscar Mayer & Co., Intervenors.

Stanley H. Barnes, Asst. Atty. Gen., and James F. Kilday and William J. Hickey, Sp. Assts. to the Atty. Gen., Timothy T. Cronin, U. S. Atty., Milwaukee, Wis., for the U. S. A.; Samuel R. Howell, Asst. Chief Counsel and Edward M. Reidy, Chief Counsel, Washington, D. C., of counsel, for the Interstate Commerce Commission.

Before DUFFY, Circuit Judge, and STONE and TEHAN, District Judges.

DUFFY, Circuit Judge.

This is a suit to enjoin and set aside an order of the Interstate Commerce Commission entered March 16, 1950 (reported in 51 M.C.C. 343), in a proceeding entitled Joseph Pomprowitz Extension — Packing House Products, Docket No. MC-31466 (sub-No. 7). Plaintiff is a contract carrier operating under the authority of permits for, among other things, transportation within certain defined areas of "dairy products, dairy byproducts, manufactured...

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