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MOTOR TRUCK SUPPLY CO. v. UNITED STATES

No. 4-63-Civ-381.

238 F.Supp. 645 (1965)

MOTOR TRUCK SUPPLY CO. and Schirmer Transportation Company, Incorporated, Plaintiffs, and Erie Mining Company, Intervening Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Minnesota, Fourth Division.

February 11, 1965.

Attorney(s) appearing for the Case

Donald A. Morken, Minneapolis, Minn., for plaintiffs.

Clyde Comstock and Latham W. Murfey, Jr., Cleveland, Ohio, and James T. Prest, Duluth, Minn., for intervening plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Department of Justice, Washington, D. C. and Miles W. Lord, U. S. Atty., Minneapolis, Minn., for United States of America.

Robert W. Ginnane, General Counsel and Fritz R. Kahn, Asst. General Counsel, Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission.

Before BLACKMUN, Circuit Judge, and DEVITT, Chief Judge, and NORDBYE, District Judge.

DEVITT, Chief Judge.

This is an action to enjoin, annul and set aside the Report and Order of the Interstate Commerce Commission of January 31, 1963 in its Docket MC-C-3193, Schirmer Transp. Co., Inc., — Investigation, 91 M.C.C. 869, which found that the plaintiffs had been engaged in unauthorized interstate motor carrier operations, participated in by the intervening plaintiff, and ordered them to cease and desist therefrom.

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