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J. H. NOWINSKY TRUCKING COMPANY v. UNITED STATES

Civ. A. No. 3404.

195 F.Supp. 748 (1961)

J. H. NOWINSKY TRUCKING COMPANY, Inc., a Wisconsin corporation, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court W. D. Wisconsin.

July 20, 1961.

Attorney(s) appearing for the Case

Claude J. Jasper, Madison, Wis., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., George E. Rapp, U. S. Atty., Madison, Wis., for defendant.

Robert W. Ginnane, Gen. Counsel, Francis A. Silver, Associate Gen. Counsel, I. C. C., Washington, D. C., for intervening defendant.

Before DUFFY, Circuit Judge, and STONE and GRUBB, District Judges.

GRUBB, District Judge.

This is an action to permanently enjoin enforcement of a cease and desist order issued by the Interstate Commerce Commission in Docket No. MC-C-2466 entitled J. H. Nowinsky Trucking Company — Investigation and Revocation of Permits, reported in 83 M.C.C. 171. A temporary restraining order was heretofore issued in this case by Judge Patrick T. Stone on December 30, 1960, which order has remained in effect to this day. The Commission was...

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