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DANCE FREIGHT LINES v. UNITED STATES

No. 139.

149 F.Supp. 367 (1957)

DANCE FREIGHT LINES, Inc., McDuffee Motor Freight, Inc., and Central Motor Express, Inc., Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission, and Eagle Express Company, a corporation, Defendants.

United States District Court E. D. Kentucky.

March 9, 1957.

Attorney(s) appearing for the Case

Robert M. Pearce, Harry V. McChesney, Jr., McChesney, McChesney, Kinker & Pearce, Frankfort, Ky., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., Antitrust Division, James E. Kilday, Charles R. Esherick, Attys., Dept. of Justice, Washington, D. C., Henry J. Cook, U. S. Atty., Lexington, Ky., for United States.

Robert W. Ginnane, Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Fritz Krueger, Somerset, Ky., for Eagle Exp. Co.

Before MILLER, Circuit Judge, and FORD and SWINFORD, District Judges.

FORD, District Judge.

Plaintiffs have properly invoked the jurisdiction of this district court of three judges to hear and determine their claim that the action of the Interstate Commerce Commission of February 23, 1956, granting to the defendant Eagle Express Company, Inc., a certificate of public convenience and necessity to expand its existing operation as a common carrier by motor vehicle to include a thirty mile route between Russell Springs and Campbellsville...

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