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FROZEN FOOD EXPRESS v. UNITED STATES

Civ. A. No. 8747.

136 F.Supp. 617 (1955)

FROZEN FOOD EXPRESS, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. Texas, Houston Division.

December 30, 1955.

Attorney(s) appearing for the Case

Phinney & Hallman (Carl L. Phinney and Leroy Hallman), Dallas, Tex., for plaintiff.

Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday and James H. Durkin, Sp. Assts. to the Atty. Gen., and Malcolm R. Wilkey, U. S. Atty., and Gordon J. Kroll, Asst. U. S. Atty., Houston, Tex., for defendant United States.

Robert W. Ginnane, General Counsel, and Leo H. Pou, Associate General Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Before HUTCHESON, Circuit Judge, and CONNALLY and INGRAHAM, District Judges.

INGRAHAM, District Judge.

This is a suit brought under the provisions of Title 28, §§ 2321-2325, inclusive, U.S.C., to set aside and annul a report and order of the Interstate Commerce Commission and to order and direct the Interstate Commerce Commission to issue to plaintiff a certificate of public convenience and necessity. The case was heard by a statutory three-judge court under the provisions of Section 2325.

On December 10, 1951, Frozen Food...

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