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ERSKINE & SONS, INC. v. NUITED STATES

Civ. A. No. 64-305.

235 F.Supp. 907 (1964)

ERSKINE & SONS, INC. v. UNITED STATES of America and Interstate Commerce Commission. Intervenor, Jack McFeely d/b/a McFeely Trucking Company.

United States District Court W. D. Pennsylvania.

November 23, 1964.

Attorney(s) appearing for the Case

Donald E. Cross, Washington, D. C., and Arthur J. Diskin, Pittsburgh, Pa., for Erskine & Sons, Inc.

Gustave Diamond, U. S. Atty., for the United States.

Robert W. Ginnane, Washington, D. C., for the Interstate Commerce Commission.

Delisi, Wick & Vuono, Pittsburgh, Pa., for intervenor Jack McFeely.

John H. D. Wigger, Department of Justice, Washington, D. C., for the United States.

Before STALEY, Circuit Judge, GOURLEY, Chief District Judge and SORG, District Judge.

GOURLEY, Chief Judge.

This is a statutory court proceeding based on an appeal from a decision of the Interstate Commerce Commission.

The Court is asked to annul, vacate and set aside an Order issued by the Commission in which certain contract hauling rights were granted to McFeely Trucking Company over the protest of Erskine & Sons, Inc., a trucking company. Said Court was empaneled pursuant to the provisions of 28 U.S.C.A. §§ 2284, 2321-2325...

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