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EASTERN FREIGHT-WAYS, INC. v. UNITED STATES

Civ. A. No. 535-58.

170 F.Supp. 848 (1959)

EASTERN FREIGHT-WAYS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

January 23, 1959.

Attorney(s) appearing for the Case

Jules E. Tepper, Newark, N. J., J. Stanley Payne, Samuel H. Moerman, Washington, D. C., for plaintiff Eastern Freight-Ways, Inc.

Colin A. Smith, Atty., Dept. of Justice, Washington, D. C., for defendant U. S. A.

B. Franklin Taylor, Jr., Associate Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., for U. S. A. and I. C. C.

Before HASTIE, Circuit Judge, and HARTSHORNE and MORRILL, District Judges.

HASTIE, Circuit Judge.

This statutory District Court of three judges has been impaneled pursuant to the disclosures and the prayer of a complaint seeking to set aside the report and order of the Interstate Commerce Commission in its proceeding No. MC-C-1937, Hewitt-Robins, Inc. v. Eastern FreightWays, Inc., 302 I.C.C. 173. The nature of that proceeding has been stated as follows by the Commission in its dispositive opinion.

"The complainant, a corporation...

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