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W. J. DILLNER TRANSFER CO. v. UNITED STATES

Civ. A. No. 66-159.

277 F.Supp. 420 (1967)

W. J. DILLNER TRANSFER CO., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court W. D. Pennsylvania.

December 14, 1967.

Attorney(s) appearing for the Case

Ernie Adamson, Robert E. Kline, of Kline & Smith, Pittsburgh, Pa., for plaintiff.

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., Leonard S. Goodman, Asst. Gen. Counsel Interstate Commerce Commission, Washington, D. C., for defendants.

Before STALEY, Chief Circuit Judge, and SORG and WEBER, District Judges.

OPINION

WEBER, District Judge.

This is an action under Sections 1336, 1398, 2284, and 2321-2325 of Title 28, United States Code, to set aside the report and order of the Interstate Commerce Commission in W. J. Dillner Transfer Co. Common Carrier "Grandfather" Application — Petition for Modification, 99 M.C.C. 485, decided September 3, 1965.

Dillner claims that the Interstate Commerce Commission has, by subsequent interpretation, modified or...

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