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RATNER v. UNITED STATES

Civ. A. No. 2371.

162 F.Supp. 518 (1957)

David H. RATNER, Plaintiff, v. The UNITED STATES of America and The Interstate Commerce Commission, Defendants.

United States District Court, S. D. Illinois, S. D.

December 23, 1957.

Attorney(s) appearing for the Case

Axelrod, Goodman & Steiner, Chicago, Ill., for plaintiff.

John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., Victor R. Hansen, Asst. Atty. Gen., of U. S. and Robert S. Burk, Department of Justice, Washington, D. C., Robert W. Ginnane, Gen. Counsel, and James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Belnap, McAuliffe & Spencer, New York City, A. W. Flynn, Jr., Greensboro, N. C., Mack Stephenson, Springfield, Ill., and Harwood, Breedlove & Mittwede, Nashville, Tenn., for defendants.

Before MAJOR, Circuit Judge, and BRIGGLE and MERCER, District Judges.

MERCER, District Judge.

The plaintiff herein has attacked a number of the findings of the Interstate Commerce Commission. Many of these, in the Court's opinion, are of a minor nature and unimportant. The only contention of plaintiff which is substantial as affecting validity of the order is the one that charges the Commission of deciding the case on the theory that the applicant must offer proof of public convenience and...

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