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JOHN J. CASALE, INC. v. UNITED STATES

208 F.Supp. 55 (1962)

JOHN J. CASALE, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court S. D. New York.

Certiorari Denied December 17, 1962.

Attorney(s) appearing for the Case

Zelby & Burstein, New York City, for John J. Casale, Inc.; Herbert Burstein, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for defendant United States. John F. X. Peloso, Asst. U. S. Atty., of counsel.

Stanton P. Sender, for defendant Interstate Commerce Commission.

Before HAYS, Circuit Judge, and CROAKE and LEVET, District Judges.

Certiorari Denied December 17, 1962. See 83 S.Ct. 311.

LEVET, District Judge.

This is an action brought to review an order of the Interstate Commerce Commission (referred to herein as the "Commission") in John J. Casale, Inc., Contract Carrier Application, Docket No. MC-20314 (Sub. No. 1). The Commission determined that plaintiff's proposed operation, whereby plaintiff would lease motor vehicles, with drivers who would be plaintiff's employees, to lessees...

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