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NASHUA MOTOR EXPRESS, INC. v. UNITED STATES

Civ. A. No. 2409.

230 F.Supp. 646 (1964)

NASHUA MOTOR EXPRESS, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court D. New Hampshire.

April 30, 1964.

Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown, Arthur A. Greene, Jr., Manchester, N. H., Foley, Hoag & Eliot, Loyd M. Starrett, Mary E. Kelley, Boston, Mass., for plaintiff.

Louis M. Janelle, U. S. Atty., Concord, N. H., Francis A. Silver, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant.

Before HARTIGAN, Circuit Judge, and SWEENEY and CONNOR, District Judges.

CONNOR, District Judge.

Plaintiff brings this suit pursuant to 49 U.S.C. §§ 17(9) and 305(g), and 5 U.S.C. § 1009, to annul, enjoin, and set aside certain orders of the Interstate Commerce Commission denying both its petition for modification of its grandfather certificate to include various extended operations, and its application for certification of said extended operations on the basis of public convenience and necessity. Jurisdiction and venue...

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