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MURPHY MOTOR FREIGHT LINES v. UNITED STATES

Civ. No. 2815.

148 F.Supp. 471 (1957)

MURPHY MOTOR FREIGHT LINES, Inc., a Minnesota corporation, and Witte Transportation Company, a Minnesota corporation, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Monson Dray Line, Inc., Intervening Defendant.

United States District Court D. Minnesota, Third Division.

February 25, 1957.

Attorney(s) appearing for the Case

Perry R. Moore and Mackall, Crounse, Moore, Helmey & Palmer, Minneapolis, Minn., for plaintiffs.

George E. MacKinnon, U. S. Atty., Kenneth G. Owens, Asst. U. S. Atty., St. Paul, Minn., and James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

F. J. O'Brien, Rochester, Minn., and D. D. Wozniak, St. Paul, Minn., for intervening defendant.

Before SANBORN, Circuit Judge, NORDBYE, Chief Judge, and DONOVAN, District Judge.

PER CURIAM.

Murphy Motor Freight Lines, Inc., (Murphy) and Witte Transportation Company (Witte) are Minnesota corporations and common carriers by motor vehicle. They brought this action to set aside: (1) a certificate of public convenience and necessity issued by the Interstate Commerce Commission (Commission) on September 22, 1953, in what the parties refer to as "Monson's Docket No. MC-4483, Sub 5," to Monson Dray Line, Inc. (Monson), a Minnesota corporation, a...

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