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ACME FAST FREIGHT, INC. v. UNITED STATES

Civ. A. No. 3273.

281 F.Supp. 314 (1967)

ACME FAST FREIGHT, INC., National Carloading Corporation, Republic Carloading & Distributing Co., Inc., and Universal Carloading & Distributing Co., Inc., Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Norman C. Brinke, Intervening Defendant.

United States District Court D. Delaware.

Supplemental Opinion February 27, 1968.

Attorney(s) appearing for the Case

H. James Conaway, Jr., of Young, Conaway, Stargatt & Taylor, Wilmington, Del., and James L. Givan, Washington, D. C., for plaintiffs.

Alexander Greenfeld, U. S. Atty., Wilmington, Del., Donald F. Turner, Asst. Atty. Gen., Washington, D. C., and John H. D. Wigger, Washington, D. C., for the United States of America.

Robert W. Ginnane, General Counsel I.C.C. and Henri F. Rush, Jr., Washington, D. C., for Interstate Commerce Commission.

Joseph H. Geoghegan, of Potter, Anderson & Corroon, Wilmington, Del., and H. Charles Ephraim, Washington, D. C., for Norman C. Brinke, intervening defendant.

Before SEITZ, Circuit Judge, WRIGHT, District Judge, and LAYTON, District Judge.

OPINION

LAYTON, District Judge.

This is an action brought by four freight forwarders1 subject to Part IV of the Interstate Commerce Act, 49 U.S.C., to set aside, annul and vacate, restrain and suspend certain portions of an order of the Interstate Commerce Commission. The order of which plaintiffs complain granted Norman Charles Brinke (d/b/a N. C. Brinke) a permit to operate as a freight forwarder.2

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