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TERRITO v. UNITED STATES

Civ. A. No. 1134-57.

170 F.Supp. 855 (1958)

Salvatore TERRITO, Charles Territo, and Vincent Territo, a partnership, trading as Territo & Sons and Calter Petroleum Co., Inc., a corporation v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court D. New Jersey.

June 5, 1958.

Attorney(s) appearing for the Case

Francis J. Ortman, Washington, D. C., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Newark, N. J., James E. Kilday, John H. D. Wigger, Sp. Assts. to Atty. Gen., for defendant U. S.

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

Before HASTIE, Circuit Judge, and SMITH and MEANEY, District Judges.

HASTIE, Circuit Judge.

The facts essential to the disposition of this case are not in dispute. They consist of little more than the procedural history of two matters before the Interstate Commerce Commission.

Acting on its own initiative, the Interstate Commerce Commission, by orders dated October 3, 1956, formally instituted two administrative proceedings. The one, at Docket No. MC-C-2039, was entitled "Territo & Sons, a partnership, — Investigation...

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