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P. SALDUTTI & SON, INC. v. UNITED STATES

Civ. A. No. 956-61.

210 F.Supp. 307 (1962)

P. SALDUTTI & SON, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

November 5, 1962.

Attorney(s) appearing for the Case

Ernest Brita, Millburn, N. J., Morton E. Kiel, New York City, for plaintiff.

Lee Loevinger, Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., John H. D. Wigger, Atty. Dept. of Justice, for the United States.

Robert W. Ginnane, Gen. Counsel, Betty Jo Christian, Washington, D. C., for Interstate Commerce Commission.

Before McLAUGHLIN, Circuit Judge, MADDEN, Chief District Judge, and AUGELLI, District Judge.

AUGELLI, District Judge.

In this action, plaintiff P. Saldutti & Son, Inc. ("Saldutti"), seeks to set aside an order of the Interstate Commerce Commission ("Commission"), which order determined that Saldutti's contract carrier permit should be revoked and a common carrier certificate issued in lieu thereof, and also delineated the scope of Saldutti's operating authority as a common carrier under said certificate.

The order under attack stems from a conversion...

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