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HALE DISTRIBUTING COMPANY v. UNITED STATES

Civ. No. 62-88.

221 F.Supp. 266 (1963)

HALE DISTRIBUTING COMPANY, Inc., a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. California, Central Division.

July 10, 1963.

Attorney(s) appearing for the Case

William J. Augello, Jr., New York City, Sheppard, Mullin, Richter & Hampton, Wesley L. Nutten, III, Los Angeles, Cal., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Francis C. Whelan, U. S. Atty., Los Angeles, Cal., for the United States.

Robert W. Ginnane, Gen. Counsel, Fritz R. Kahn, Atty., I. C. C., Washington, D. C., for Interstate Commerce Commission.

Before BARNES, Circuit Judge, and STEPHENS and CARR, District Judges.

PER CURIAM.

Plaintiff brings this action pursuant to 49 U.S.C. §§ 17(9), 305(g), 305(h), 5 U.S.C. § 1009 and 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, to permanently enjoin, set aside or annul certain orders made by defendant Interstate Commerce Commission (hereinafter referred to as Commission), in the case entitled, Hale Distributing Company, Inc., Common Carrier "Grandfather" Application, MC-118127, decided March 28, 1961 (not printed...

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