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PREMIER PEAT MOSS CORPORATION v. UNITED STATES

147 F.Supp. 169 (1956)

PREMIER PEAT MOSS CORPORATION et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

November 8, 1956.

Attorney(s) appearing for the Case

Mitchell Salem Fisher, New York City, for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and James H. Durkin, Attys., Dept. of Justice, Washington, D. C., Paul W. Williams, U. S. Atty., New York City, Robert W. Ginnane, Gen. Counsel, and Leo H. Pou, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

Bernard Sobol, New York City, Robert S. Trigg, Carl Helmetag, Jr., Philadelphia, Pa., for intervenor railroads.

Before SWAN, Circuit Judge, and WALSH and CASHIN, District Judges.

SWAN, Circuit Judge.

This action is the sequel to proceedings before the Interstate Commerce Commission initiated in 1953 by applications of motor carriers, pursuant to 49 U.S.C.A. § 309, for permits to transport as contract carriers peat moss, ground or not ground, from New York and New Jersey piers in New York Harbor to points in New York, New Jersey and Connecticut within 150 miles of New York City. The applicants moved for dismissal of their own applications...

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