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MILK TRANSPORT, INC. v. I. C. C.

No. 3-60-Civ.-82.

190 F.Supp. 350 (1960)

MILK TRANSPORT, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants, and Alterman Transport Lines, Inc. and Refrigerated Transport Co., Inc., Intervening Defendants.

United States District Court D. Minnesota, Third Division.

December 19, 1960.

Attorney(s) appearing for the Case

Clay R. Moore and Donald A. Morken, Minneapolis, Minn., for plaintiff.

Robert W. Ginnane, Gen. Counsel, and Fritz R. Kahn, Washington, D. C., for Interstate Commerce Commission.

Robert A. Bicks, Asst. Atty. Gen., John H. D. Wigger, Washington, D. C., and Fallon Kelly, U. S. Atty., St. Paul, Minn., for United States.

Frank B. Hand, Jr., and Daniel B. Johnson, Washington, D. C., for intervening defendants.

Before SANBORN, Circuit Judge, and NORDBYE and DEVITT, District Judges.

DEVITT, District Judge.

This is an appeal from an order of the Interstate Commerce Commission dismissing plaintiff's applications for certificates to transport citrus juices, in bulk, in tank vehicles, under the "grandfather" and "interim" clauses of the Transportation Act of 1958. Plaintiff asks this statutory three-Judge Court, 28 U.S.C. § 2325, to set aside the order and enjoin the Commission by mandatory injunction to hear and determine plaintiff's applications...

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