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ASSOCIATED TRANSPORTS, INC. v. UNITED STATES

No. 10903(1).

169 F.Supp. 769 (1958)

ASSOCIATED TRANSPORTS, INC., Plaintiff, and Ford Motor Company, Intervening Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission et al., Intervening Defendants.

United States District Court E. D. Missouri, E. D.

December 23, 1958.

Attorney(s) appearing for the Case

T. D. Drury, St. Louis, Mo., for plaintiff, Associated Transports, Inc.

John A. Moekle, Dearborn, Mich., for Ford Motor Co., intervening plaintiff.

Victor R. Hansen, Asst. Atty. Gen., Maurice A. Fitzgerald and James E. Kilday, Attorneys, Department of Justice, Washington, D. C., and Harry Richards, U. S. Atty., St. Louis, Mo., for the United States of America, defendant.

Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, and B. Franklin Taylor, Jr., Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission, intervening defendant.

Loyal G. Kaplan, Omaha, Neb., and Brainerd W. LaTourette and G. M. Rebman, St. Louis, Mo., for intervening defendant LeRoy L. Wade & Son, Inc.

Before VAN OOSTERHOUT, Circuit Judge, and MOORE and HARPER, District Judges.

MOORE, Chief Judge.

This is an action by Associated Transports, Inc., a common carrier, by motor vehicle, and Ford Motor Company to set aside and annul orders of the Interstate Commerce Commission dated November 17, 1955, and April 22, 1957. Jurisdiction is invoked under the Judicial Code of the United States, 28 U.S.C.A. §§ 1336, 1398, and the case was heard by a court composed of three judges pursuant to Sections 2284, 2321-2325, 28 U.S.C.A.

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