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CHRISTIAN v. UNITED STATES

Civ. A. No. 9631.

152 F.Supp. 561 (1957)

James CHRISTIAN, Norman Mench, James H. Mench, Jr., Francis Brewis, Leonard Hennlein, Jr., C. Backert and Ralph C. Michael, individually and on behalf of all other owner-operators of trucks as a class who are similarly situated v. UNITED STATES of America and The Interstate Commerce Commission.

United States District Court D. Maryland.

June 19, 1957.

Attorney(s) appearing for the Case

Hugh J. Monaghan, II, and Eugene A. Alexander, III, Baltimore., Md., for plaintiffs.

Leon H. A. Pierson, U. S. Atty., and John R. Hargrove, Asst. U. S. Atty., Baltimore, Md., and Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Maurice A. Fitzgerald, Attys., Dept. of Justice, Washington, D. C., for United States of America.

Robert W. Ginnane, General Counsel, and C. H. Johns, Asst. General Counsel, Washington, D. C., for Interstate Commerce Commission.

Before SOBELOFF, Circuit Judge, and CHESNUT and THOMSEN, District Judges.

THOMSEN, District Judge.

Plaintiffs seek to set aside sec. 207.4 (a) (3) of the rules issued by the Interstate Commerce Commission in Ex parte No. MC-43, 68 M.C.C. 553, 21 F.R. 9653, to govern the lease and interchange of vehicles by motor carriers. That section provides, with certain exceptions, that authorized motor carriers may utilize equipment they do not own only pursuant to a written contract with the owners which "shall specify the period for which it applies...

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