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ACME FAST FREIGHT v. UNITED STATES

Civ. A. No. 1744.

135 F.Supp. 823 (1955)

ACME FAST FREIGHT, Inc., Republic Carloading & Distributing Co., Inc., Universal Carloading & Distributing Co., Inc., Plaintiffs, v. The UNITED STATES of America, The Interstate Commerce Commission and Carl E. Anderson, Robert C. Anderson, Grace E. Anderson, and Arthur E. Anderson, d/b/a Western Freight Association, Defendants.

United States District Court D. Delaware.

August 30, 1955.

Attorney(s) appearing for the Case

James L. Latchum (of Berl, Potter & Anderson), Wilmington, Del., and H. Douglas Weaver, James L. Givan and Harry C. Ames, Washington, D. C., for plaintiffs.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday and John H. D. Wigger, Sp. Assts. to the Atty. Gen., for the United States.

Samuel R. Howell, Acting Gen. Counsel, and H. Neil Garson, Atty., Washington, D. C., for Interstate Commerce Commission.

LEAHY, Chief Judge.

Plaintiffs brought this action to set aside orders of the Interstate Commerce Commission, entered August 5 and 12, 1955. The proceedings before the Commission were started by Western Freight Association filing proposed rate schedules. Plaintiffs filed a protest and asked the Commission to investigate and suspend the operation of the proposed schedules. The matter was referred to the Suspension Board of the Commission under 49 U.S.C.A. § 17...

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