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YALE TRANSPORTATION CORP. v. UNITED STATES

185 F.Supp. 96 (1960)

YALE TRANSPORTATION CORP., Empire Carriers Corp., Stone's Express, Inc., and Railway Express Agency, Inc., Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission, and United Parcel Service, Inc., Defendants.

United States District Court S. D. New York.

June 10, 1960.

Attorney(s) appearing for the Case

Zelby & Burstein, New York City, by Herbert Burstein, New York City, of counsel, for plaintiffs Yale Transp. Corp., Empire Carriers Corp. and Stone's Express, Inc.

William H. Marx, New York City, for intervenor plaintiff, Railway Express Agency, Inc.

William T. Griffin, New York City, for intervenor plaintiffs Bilkays Express Co., Jersey Coast Freight Line, Inc., Mahon's Express and Parcel Delivery Service, Inc.

Robert A. Bicks, Acting Asst. Atty. Gen., and S. Hazard Gillespie, U. S. Atty., Washington, D. C., Donald L. Hardison, Atty., Dept. of Justice, and H. Neil Garson, Asst. Gen. Counsel, I. C. C., Washington, D. C., of counsel, for defendants United States and Interstate Commerce Commission.

Proskauer, Rose, Goetz & Mendelsohn, New York City, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Bernard G. Segal, Irving R. Segal, Robert L. Kendall, Jr., Philadelphia, Pa., and Jacob Imberman, New York City, of counsel, for intervenor defendant United Parcel Service, Inc.

Before FRIENDLY, Circuit Judge, and MURPHY and PALMIERI, District Judges.

FRIENDLY, Circuit Judge.

Yale Transport Corporation and two other holders of certificates of public convenience and necessity for common carrier service by motor vehicle here seek to enjoin the enforcement of an order of the Interstate Commerce Commission granting an application of United Parcel Service of New York, Inc., hereafter UPS, under § 207 of the Motor Carrier Act, 49 U.S.C.A. § 307, for a certificate to operate as a common carrier. The jurisdiction...

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