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MELMAN v. UNITED STATES

Civ. No. 5-1466.

231 F.Supp. 503 (1964)

Harry MELMAN, d/b/a Harry Melman Co., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Illinois Central Railroad Company, Intervening-Defendant.

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

July 13, 1964.

Attorney(s) appearing for the Case

Leonard A. Jaskiewicz, J. William Cain, Jr., Ronald N. Cobert, Washington, D. C., and Homer E. Bradshaw, Des Moines, Iowa, for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., and Donald A. Wine, U. S. Atty., Des Moines, Iowa, for United States of America.

Robert W. Ginnane, General Counsel, and Francis A. Silver, Associate General Counsel, I.C.C., Washington, D. C., for the Interstate Commerce Commission.

Before VAN OOSTERHOUT, Circuit Judge, STEPHENSON, Chief Judge, and HANSON, District Judge.

STEPHENSON, Chief Judge.

This action was instituted against the United States of America and the Interstate Commerce Commission (hereinafter referred to as the Commission) under the provisions of Sections 1336, 1398, 2284, and 2321-2325, Title 28 U.S.C.A.; Sections 17(9) and 205(g) of the Interstate Commerce Act (49 U.S.C.A. §§ 17 (9) and 305(g); Section 10 of the Administrative Procedure Act (5 U.S.C.A. § 1009), to set aside a decision and order of...

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