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UNITED TRANSPORTS, INC. v. UNITED STATES

Civ. A. No. 9601.

214 F.Supp. 34 (1962)

UNITED TRANSPORTS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. National Automobile Transporters Association, Intervening Plaintiff, Heavy-Specialized Carriers Conference of American Trucking Associations, Inc., and U.S.A.C. Transport, Inc., Intervening Defendants.

United States District Court W. D. Oklahoma.

December 27, 1962.

Attorney(s) appearing for the Case

Wrape & Hernly, Memphis, Tenn., Mosteller, Fellers, Andrews, Snider & Baggett, Oklahoma City, Okl., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger and Joel E. Hoffman, Attys., Dept. of Justice, B. Andrew Potter, U.S. Atty., Robert W. Ginnane, Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, Robert S. Burke, Atty., I. C. C., for defendants.

Matheson, Dixon & Bieneman, Detroit, Mich., and Mosteller, Fellers, Andrews, Snider & Baggett, Oklahoma City, Okl., for intervening plaintiffs.

Ernest A. Brooks II, St. Louis, Mo., for intervening defendants.

Before HILL, Circuit Judge, and RIZLEY and DAUGHERTY, District Judges.

HILL, Circuit Judge.

This is a civil action brought under the provisions of 28 U.S.C. §§ 1336, 1398, 2284, 2321-2325 and 5 U.S.C. § 1009, to enjoin, annul and set aside orders of the defendant, Interstate Commerce Commission (hereinafter referred to as the Commission), entered in Docket No. MC-C-1919, United Transports, Inc. v. Gulf Southwestern Transportation Company, and to compel action by the Commission alleged to have been unlawfully withheld by...

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