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ECK MILLER TRANSFER COMPANY v. UNITED STATES

Civ. No. 658.

143 F.Supp. 409 (1956)

ECK MILLER TRANSFER COMPANY, Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission and Forrest Milton Durrett, d/b/a Durrett Transfer Company, Defendants.

United States District Court W. D. Kentucky, at Owensboro.

August 1, 1956.

Attorney(s) appearing for the Case

Paul E. Bugay, Owensboro, Ky., for plaintiff.

J. Leonard Walker, U. S. Atty., Louisville, Ky., Earl Pollock, Division of Justice, Robert W. Ginnane, Interstate Commerce Commission, Washington, D. C., for defendants.

Before MILLER, Circuit Judge, SHELBOURNE, Chief Judge, and BROOKS, District Judge.

BROOKS, District Judge.

This is an action under Sections 1336, 2284 and 2321-2325, Title 28 U.S.C.A., brought by plaintiff, Eck Miller Transfer Company, against the United States of America, Interstate Commerce Commission and Forrest Miller Durrett, doing business as Durrett Transfer Company. Plaintiff seeks to vacate and set aside an order of the Commission denying a petition for further hearing and reconsideration and refusing to permit plaintiff to present evidence...

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