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SMITH & SOLOMON TRUCKING COMPANY v. UNITED STATES

Civ. No. 237-66.

255 F.Supp. 243 (1966)

SMITH & SOLOMON TRUCKING COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and C. I. WHITTEN TRANSFER COMPANY, Intervening Defendant.

United States District Court D. New Jersey.

June 20, 1966.

Attorney(s) appearing for the Case

Davidson, Miniutti & Nester, by Joseph Nester, Jersey City, N. J., Zelby & Burstein, New York City, by Herbert Burstein, New York City, of counsel, for plaintiff.

David M. Satz, Jr., U. S. Atty., by Jonathan Kohn, Asst. U. S. Atty., Newark, N. J., Edwin M. Zimmerman, Acting Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant United States of America.

Robert W. Ginnane, Gen. Counsel, by Jerome Nelson, Atty., I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

Herman B. J. Weckstein, Newark, N. J., by William T. Croft, Washington, D. C., for intervening defendant C. I. Whitten Transfer Co.

Before McLAUGHLIN, Circuit Judge, and WORTENDYKE, and AUGELLI, District Judges.

AUGELLI, District Judge:

In this action, plaintiff Smith & Solomon Trucking Company (S. & S.), seeks to set aside and enjoin enforcement of certain orders of defendant Interstate Commerce Commission (Commission) that resulted in the grant of a certificate of public convenience and necessity to intervening defendant C. I. Whitten Transfer Company (Whitten), in a proceeding entitled C. I. Whitten Transfer Company Extension — Simsbury, Conn., Docket No...

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