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CLARK TRANSPORT COMPANY v. I. C. C.

No. 63 C 2337.

233 F.Supp. 839 (1964)

CLARK TRANSPORT COMPANY, Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants, and K. W. McKee, Incorporated, Intervenor Defendant, Ford Motor Company, Intervenor.

United States District Court N. D. Illinois, E. D.

August 10, 1964.

Attorney(s) appearing for the Case

Jack Goodman, Martin E. Litwin, Axelrod, Goodman & Steiner, Chicago, Ill., Clay R. Moore, Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, Minn., for plaintiff.

Robert W. Ginnane, Gen. Counsel, and Francis A. Silver, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Dept. of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., Miles W. Lord, U. S. Atty., Minneapolis, Minn., for the United States.

W. Donald McSweeney, Schiff, Hardin, Waite, Dorschel & Britton, Chicago, Ill., Janes & Elliott, Harrison P. Dilworth III, St. Paul, Minn., for Intervenor Defendant R. W. McKee, Inc.

W. Donald McSweeney, Charles W. Murdock, Schiff, Hardin, Waite, Dorschel & Britton, Chicago, Ill., James E. O'Boyle, Dearborn, Mich., Robert Elliott, Jr., Janes & Elliott, St. Paul, Minn., for Intervenor Ford Motor Co.

Before SWYGERT, Circuit Judge, and IGOE and PERRY, District Judges.

SWYGERT, Circuit Judge, IGOE, District Judge, concurring.

This action to set aside an order of the Interstate Commerce Commission issued on September 11, 1963, having been heard by this court as a three-judge district court pursuant to 28 U.S.C. § 2284, the court makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. On September 28, 1962, an application was filed with the Commission by K. W. McKee, Inc., of St. Paul...

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