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CLAY HYDER TRUCKING LINES, INC. v. UNITED STATES

Civ. No. 2266.

234 F.Supp. 673 (1964)

CLAY HYDER TRUCKING LINES, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Ervin J. Kramer, d/b/a Maryland Tank Transportation Company, Intervening Defendant.

United States District Court W. D. North Carolina.

October 22, 1964.

Attorney(s) appearing for the Case

Thomas F. Kilroy, Daniel B. Johnson, William G. Spruill, Washington, D. C., and Monroe M. Redden, Jr., Hendersonville, N. C., for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Department of Justice, Washington, D. C., and William Medford, U. S. Atty., Asheville, N. C., for defendant United States of America.

Robert W. Ginnane, General Counsel, and Robert S. Burk, Attorney, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Wilmer B. Hill, Washington, D. C., and Clarence W. Walker, Charlotte, N. C., for intervening defendant.

Before BELL, Circuit Judge, and WARLICK and CRAVEN, District Judges.

PER CURIAM.

Clay Hyder Trucking Lines, Inc. (called Hyder hereinafter), brings this action seeking to have set aside and vacated an order of the Interstate Commerce Commission. As required by Sections 2325 and 2284, Title 28 U.S.C.A., the cause was heard and determined by a district court of three judges.

By its order of April 8, 1964, as affirmed by a final order of August 10, 1964, the Interstate Commerce Commission granted the application of Ervin J. Kramer...

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