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TANK LINES, INC. v. UNITED STATES

Civ. A. No. 3992.

236 F.Supp. 354 (1964)

TANK LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court E. D. Virginia, at Richmond.

Decided November 2, 1964.

Attorney(s) appearing for the Case

Alexander W. Neal, Jr., Richmond, Va., and Harry C. Ames, Jr., and E. Stephen Heisley, Washington, D. C., for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and C. Vernon Spratley, Jr., U. S. Atty., and Tommy P. Baer, Asst. U. S. Atty., Richmond, Va., for defendant United States.

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

John C. Goddin, Richmond, Va., Frederick A. Babson, Jr., Fairfax, Va., William P. Sullivan and Eugene M. Malkin, Washington, D. C., for O'Boyle Tank Lines, Inc., intervening defendant.

Frank B. Hand, Jr., Herndon, Va., and Michael L. Soffin, Richmond, Va., for Rider Tank Line, Inc., intervening defendant.

Before BRYAN, Circuit Judge, and LEWIS and BUTZNER, District Judges.

PER CURIAM.

The Interstate Commerce Commission has refused approval and authorization under § 5(2) (a) of the Interstate Commerce Act, 49 U.S.C.A. § 5(2) (a), of the proposed purchase by plaintiff Tank Lines, Incorporated, from S & N Freight Line, Incorporated, of its operational right to transport liquid commodities in bulk. It is one of the privileges granted in S & N's certificate as a motor common carrier of general cargo. The Commission held...

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