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McBRIDE'S EXPRESS, INC. v. UNITED STATES

No. 1599-D.

173 F.Supp. 539 (1958)

McBRIDE'S EXPRESS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Yellow Transit Freight Lines, Inc., Intervening Defendant.

United States District Court E. D. Illinois.

November 6, 1958.

Attorney(s) appearing for the Case

Mack Stephenson, Springfield, Ill., Foreman, Meachum & Clapper, Danville, Ill., for plaintiff.

James Y. Piper, Asst. Atty. Gen., John C. Danielson, Dept. of Justice, Washington, D. C., for defendants.

Thomas C. Stifler, Danville, Ill., for intervening defendants Yellow Transit Freight Lines, Inc.

Clifford M. Raemer, U. S. Atty., E. St. Louis, Ill.,

Before PARKINSON, Circuit Judge, PLATT, Chief Judge, and JUERGENS, District Judge.

PLATT, Chief Judge.

McBride's Express, Inc., of Mattoon, Illinois, brought this action under Title 28 U.S.C. §§ 1336, 1398, 2284, and 2321 through 2325, inclusive, to set aside the orders of the Interstate Commerce Commission in a proceeding under §§ 206(b) and 207(a) of the Interstate Commerce Act, (49 U.S.C.A. §§ 306(b), 307(a)), wherein the Commission denied the plaintiff's application for extension of its certificate of public convenience...

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