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E. BROOKE MATLACK, INC. v. UNITED STATES

Civ. A. No. 28670.

195 F.Supp. 399 (1961)

E. BROOKE MATLACK, INC. and Coastal Tank Lines, Inc. v. UNITED STATES of America, and Interstate Commerce Commission. Capitol Transport Company, Inc., Intervenor.

United States District Court E. D. Pennsylvania.

June 15, 1961.

Attorney(s) appearing for the Case

Shertz, Barnes & Shertz, by Paul F. Barnes, Philadelphia, Pa., for E. Brooke Matlack, Inc. and Coastal Tank Lines, Inc.

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

Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

Donald E. Cross, Washington, D. C., Ralph C. Busser, Jr., Philadelphia, Pa. (Watkins & Rea, Washington, D. C., of counsel), for Capitol Transp. Co., Inc.

Before KALODNER, Circuit Judge, and KRAFT and WOOD, District Judges.

WOOD, District Judge.

This is an appeal from the denial by the Interstate Commerce Commission of the petition of E. Brooke Matlack, Inc. and Coastal Tank Lines, Inc. requesting the Commission to issue an order declaring that certain permits owned by Capitol Transport Company, Inc. had been revoked. We are met at the outset with the question of whether E. Brooke Matlack, Inc. and Coastal Tank Lines, Inc. have any standing to prosecute this appeal. The fact that these...

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