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WATSON BROS. TRANSPORTATION CO. v. UNITED STATES

Civ. A. 0895.

180 F.Supp. 732 (1960)

WATSON BROS. TRANSPORTATION CO., Inc., Plaintiff, v. UNITED STATES of America and The Interstate Commerce Commission, Defendants.

United States District Court D. Nebraska.

February 12, 1960.

Attorney(s) appearing for the Case

David Axelrod (Axelrod, Goodman & Steiner, Chicago, Ill.) and Samuel Zacharia, Omaha, Neb., for plaintiff.

Donald L. Hardison, Attorney, Department of Justice, Washington, D. C., and William C. Spire, U. S. Atty., Omaha, Neb., for Nebraska, for defendant the United States.

C. H. Johns, Jr., Associate General Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Donald L. Stern, Omaha, Neb., for intervening defendants, Little Audrey's Transp. Co., Inc., Colonial & Pacific Frigidways, Inc., Midwest Coast Transp. Inc., Lipsman-Fulkerson & Company, Inc., Ringsby Truck Lines, Inc., and Frozen Food Express Inc.

Warren H. Wagner, Washington, D. C., for intervening defendant Oscar Mayer & Company, Inc.

Thomas Marshall and Robert G. Fraser, Omaha, Neb., for intervening defendants, Transcontinental Freight Bureau Rail Carriers.

Before WOODROUGH, Circuit Judge, and DELEHANT and ROBINSON, District Judges.

ROBINSON, District Judge.

This action was instituted by Watson Bros. Transportation Co. against the United States of America and the Interstate Commerce Commission for interlocutory and permanent injunction restraining the enforcement of certain orders of the Interstate Commerce Commission. In its complaint plaintiff alleges that an order of the Interstate Commerce Commission, holding unlawful a schedule of rates filed by the plaintiff with the Commission, reducing...

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