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SHELBY BISCUIT COMPANY v. UNITED STATES

Civ. A. No. 13645.

255 F.Supp. 475 (1966)

SHELBY BISCUIT COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. Texas, Houston Division.

June 24, 1966.

Attorney(s) appearing for the Case

Richard McGraw (of Fulbright, Crooker, Freeman, Bates & Jaworski), Houston, Tex., for plaintiff.

Woodrow Seals, U. S. Atty., and John H. Baumgarten, Asst. U. S. Atty., Houston, Tex., and Fritz R. Kahn, Associate Gen. Counsel for I. C. C., Washington, D. C., for defendants.

Before JOHN R. BROWN, Circuit Judge, and CONNALLY and INGRAHAM, District Judges.

PER CURIAM:

In this three-Judge proceeding to set aside the 1960 ICC order in Docket No. MC-C-2520, Shelby Biscuit Company, Investigation of Operations, 84 M.C.C. 131, the question is whether the sugar activities constitute unauthorized transportation, 49 U.S.C.A. §§ 306(a), 309(a), or permissible private carriage, 49 U.S. C.A. §§ 303(a) (17), 303(c). The Report shows that for both legal standards and factual comparability, the ICC relied on its...

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