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A. B. & C. MOTOR TRANSPORTATION CO. v. UNITED STATES

Civ. No. 54-587.

130 F.Supp. 87 (1955)

A. B. & C. MOTOR TRANSPORTATION CO., Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Massachusetts.

April 1, 1955.

Attorney(s) appearing for the Case

James Julian Weinstein, Boston, Mass., Francis E. Barrett, Boston, Mass., of counsel, for plaintiff.

Anthony Julian, U. S. Atty., and Lawrence B. Urbano, Asst. U. S. Atty., Boston, Mass., Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday and Maurice A. Fitzgerald, Sp. Assts. to Atty. Gen., for defendant, United States.

Herman E. Meuller, Interstate Commerce Commission, Boston, Mass., Edward M. Reidy, Gen. Counsel and Leo H. Pou, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., of counsel, for defendant, Interstate Commerce Commission.

Before HARTIGAN, Circuit Judge, and SWEENEY and FORD, District Judges.

HARTIGAN, Circuit Judge.

This is an action brought by the plaintiff, a Massachusetts corporation engaged as a common carrier of property by motor vehicle, to set aside an order of the Interstate Commerce Commission entered November 10, 1953, in No. MC 72418 interpreting the certificate of public convenience and necessity issued to the plaintiff on May 22, 1941. The Commission on June 21, 1954, denied the plaintiff's petition for reconsideration of the Commission's...

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