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YALE TRANSPORT CORP. v. UNITED STATES

210 F.Supp. 862 (1962)

YALE TRANSPORT CORP., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

November 19, 1962.

Attorney(s) appearing for the Case

Zelby & Burstein, New York City, and Halperin, Shivitz, Scholer & Steingut, New York City, for plaintiff; Herbert Burstein, New York City, of counsel and on the brief.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Vincent L. Broderick, U. S. Atty., Southern District of New York, New York City, for the United States.

Robert W. Ginnane, Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Before MARSHALL, Circuit Judge, and DIMOCK and CROAKE, District Judges.

DIMOCK, District Judge.

This is a suit under the provisions of Title 28 U.S.C. §§ 1336, 1398, 2321-2325, and Title 5 U.S.C. § 1009, to set aside an order of the Interstate Commerce Commission, hereinafter Commission, dated July 20, 1961, which denied an application by Yale Transport Corp., hereinafter plaintiff, filed under section 207 of the Interstate Commerce Act, 49 U.S.C. § 307, for a certificate of public convenience and necessity as a common...

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