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EAGLE MOTOR LINES, INC. v. UNITED STATES

Civ. A. No. 64-529.

236 F.Supp. 502 (1964)

EAGLE MOTOR LINES, INC., a Corporation, Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court N. D. Alabama, S. D.

November 25, 1964.

Attorney(s) appearing for the Case

William H. Orrick, Jr., Asst. Atty. Gen., and John D. Wigger, Atty., Dept., of Justice, Washington, D. C., and Macon L. Weaver, U. S. Atty., Birmingham, Ala., for the United States.

Robert W. Ginnane, Gen. Counsel and Clarence William Vandegrift, Atty., Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission; and, Maurice F. Bishop, of Bishop & Carlton, Birmingham, Ala., for plaintiff.

Before GEWIN, Circuit Judge, and LYNNE and ALLGOOD, District Judges.

PER CURIAM.

Invoking the jurisdiction of this court under 28 U.S.C.A. §§ 1336, 1398, 2284 and 2321-2325, inclusive, 49 U.S.C.A. §§ 17(9), 305(g) and 305(h), and 5 U.S.C.A. § 1009, plaintiff brought this action to enjoin, annul and set aside a report and order of the Interstate Commerce Commission, Division 1 (hereinafter "Commission"), entered March 30, 1964,1 and an order after reconsideration by the Commission...

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