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MORGAN DRIVE-AWAY, INC. v. UNITED STATES

Civ. No. 3828.

268 F.Supp. 886 (1967)

MORGAN DRIVE-AWAY, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission and Transit Homes, Inc., Intervening Defendants.

United States District Court N. D. Indiana, South Bend Division.

May 3, 1967.

Attorney(s) appearing for the Case

D. Russell Bontrager, Elkhart, Ind., James E. Lesh, Indianapolis, Ind., for plaintiff Morgan.

Robert W. Ginnane, Gen. Counsel, Nahum Litt, I.C.C., Washington, D. C., Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Dept. of Justice, Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., for intervening defendant I.C.C.

Alki E. Scopelitis, Donald W. Smith, Indianapolis, Ind., for intervening defendant Transit Homes, Clyde E. Herring, Washington, D. C., of counsel.

Before SWYGERT, Circuit Judge, and GRANT and ESCHBACH, District Judges.

GRANT, District Judge.

This is a proceeding under 28 U.S.C. § 2321 et seq. to set aside the order of the Interstate Commerce Commission directing the issuance of a certificate of public convenience and necessity to Transit Homes, Inc. (Transit). The plaintiff, Morgan Drive-Away, Inc. (Morgan), is a common carrier by motor vehicle engaged in the transportation of mobile homes from points in Pennsylvania to various locations in the eastern half of the United States...

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