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ROADWAY EXPRESS, INC. v. UNITED STATES

Civ. A. No. C 66-451.

263 F.Supp. 154 (1966)

ROADWAY EXPRESS, INC., Akron, Ohio, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Ohio, E. D.

October 11, 1966.

Attorney(s) appearing for the Case

Charles Scanlon, Buckingham, Doolittle & Burroughs, Akron, Ohio, Russell R. Sage, Turney, Major, Markham & Sherfy, Washington, D. C., for plaintiff.

Rex Eames, Eames, Petrillo, Wilcox & Nelson, Detroit, Mich., for intervening plaintiffs.

John H. D. Wigger, Dept. of Justice, Nahum Litt, I. C. C., Washington, D. C., Herbert Baker, James R. Stiverson, Columbus, Ohio, Reynolds & Reynolds, Atlanta, Ga., for defendants.

Before CELEBREZZE, Circuit Judge, CONNELL, Chief District Judge, and THOMAS, District Judge.

PER CURIAM.

Plaintiff Roadway Express, Inc., petitions this court to enjoin, set aside, and annul the order of May 26, 1966 of the Interstate Commerce Commission (though rendered by Division 1, acting as an appellate division, the order is that of the Commission). Exercising authority under Section 210a(a) of the Interstate Commerce Act (49 U.S.C. § 310a (a)) the Commission granted intervening defendant Jack Cole Company's application for temporary authority...

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