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ROADWAY EXPRESS, INC. v. UNITED STATES

Civ. A. No. 2419.

213 F.Supp. 868 (1963)

ROADWAY EXPRESS, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and National Tank Truck Carriers, Inc., et al., Intervening Defendants.

United States District Court D. Delaware,

January 21, 1963.

Attorney(s) appearing for the Case

George Tyler Coulson, Wilmington, Del., Guy H. Postell, Atlanta, Ga., Howell Ellis, Indianapolis, Ind., William O. Turney, Washington, D. C., and Roland Rice and John C. Bradley, of Rice, Carpenter & Carraway, of Washington, D. C., for plaintiffs.

Alexander Greenfeld, U. S. Atty., Wilmington, Del., Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Washington, D. C., for United States.

James Y. Piper and Robert W. Ginnane, Washington, D. C., for Interstate Commerce Commission.

H. James Conaway, Jr., and Samuel R. Russell, of Morford, Young & Conaway, Wilmington, Del., Nuel D. Belnap and Richard J. Hardy, of Belnap, Spencer, Hardy & Freeman, Chicago, Ill., Harry C. Ames, Jr., and E. Stephen Heisley, of Ames, Hill & Ames, Washington, D. C., and Leonard A. Jaskiewicz and Ronald N. Cobert, of Dow, Lohnes & Albertson, Washington, D. C., for intervening defendants.

Before BIGGS, Chief Circuit Judge, WRIGHT, Chief District Judge, and LEAHY, Senior District Judge.

LEAHY, Senior District Judge.

This action is brought by 11 plaintiffs who are 9 motor common carriers of general commodities, a manufacturer and shipper of collapsible rubber containers, and an association of motor common carriers to review certain orders of the Interstate Commerce Commission. The United States of America and the Interstate Commerce Commission are formal defendants. Intervening defendants are motor common carriers of commodities, in bulk, in tank...

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