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M. & M. TRANSPORTATION COMPANY v. UNITED STATES

Civ. A. No. 54-353-M.

128 F.Supp. 296 (1955)

M. & M. TRANSPORTATION COMPANY and Stone's Express, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Massachusetts.

January 14, 1955.

Attorney(s) appearing for the Case

Herbert Burstein, New York City, for plaintiffs.

James E. Kilday, John H. D. Wigger, Washington, D. C., Stanley N. Barnes, Asst. Atty. Gen., Anthony Julian, U. S. Atty., Boston, Mass., for the United States.

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

Before MAGRUDER, Circuit Judge, and McCARTHY and ALDRICH, District Judges.

MAGRUDER, Circuit Judge.

This action was brought by two motor common carriers pursuant to 28 U.S.C. §§ 1336, 2321-2325 to set aside and enjoin enforcement of orders of the Interstate Commerce Commission authorizing the acquisition by St. Johnsbury Trucking Company, Inc., of St. Johnsbury, Vermont, of a portion of the operating rights of Hinsch Transportation Co., Inc., of New York, N. Y., and further authorizing acquisition of control of these operating...

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