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GILBERTVILLE TRUCKING CO. v. UNITED STATES

Civ. A. 60-562-S.

196 F.Supp. 351 (1961)

GILBERTVILLE TRUCKING CO., Inc., The L. Nelson & Sons Transportation Company, Charles G. Chilberg, Clifford J. O. Nelson, Greta C. Carlson, and Kenneth A. H. Nelson, Plaintiffs v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court D. Massachusetts.

July 7, 1961.

Attorney(s) appearing for the Case

Henry E. Foley and Loyd M. Starrett, Foley, Hoag & Eliot, Mary E. Kelley, John J. Graham, Boston, Mass., for plaintiff.

James W. Noonan, Asst. U. S. Atty., Boston, Mass., Robert W. Ginnane, Gen. Counsel, and James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., John H. D. Wigger, Dept. of Justice, Washington, D. C., for defendant.

Before WOODBURY, Circuit Judge, SWEENEY, Chief Judge, and WYZANSKI, District Judge.

WYZANSKI, District Judge.

Stated briefly, and subject to later amplification, this is a case brought by two motor carriers and four individuals who complain that the I.C.C. has invalidly ordered one of the individuals to divest himself of stock he holds in one of the two carrier companies, and also has invalidly denied the application of one of the two carrier companies to merge into the other carrier company.

The suit in this Court began with a complaint...

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