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GENERAL MOTORS CORPORATION v. UNITED STATES

Civ. A. No. 21117.

207 F.Supp. 641 (1962)

GENERAL MOTORS CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and The New York Central Railroad Company et al., Intervening Defendants.

United States District Court E. D. Michigan, S. D.

August 13, 1962.

Attorney(s) appearing for the Case

Walter R. Frizzell, Aloysius F. Power, Detroit, Mich., for General Motors Corporation.

John H. D. Wigger, Attorney, Lee Loevinger, Asst. Atty. Gen., Department of Justice, Washington, D. C., for Attorney General.

Lawrence Gubow, U. S. Atty., Robert F. Ritzenhein, Asst. U. S. Atty., Detroit, Mich., for the United States.

Arthur J. Cerra, Assistant General Counsel, I.C.C., Robert W. Ginnane, General Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Larry C. Carl, Detroit, Mich., J. Edgar McDonald, New York City, of counsel, for New York Central Railroad Company et al.

FREEMAN, District Judge.

This is an action brought by General Motors Corporation pursuant to Title 49 U.S.C.A. § 17(9) to set aside certain Orders of the Interstate Commerce Commission and to enjoin the enforcement of such Orders. Jurisdiction is based on 28 U.S.C. § 1336 and venue on 28 U.S.C. § 1398.

On March 5, 1959, plaintiff, a corporation engaged in the manufacture and sale of new automobiles, filed a complaint with the Interstate Commerce...

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