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NAPH-SOL REFINING COMPANY v. UNITED STATES

Civ. A. No. 5589.

269 F.Supp. 530 (1967)

NAPH-SOL REFINING COMPANY, Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission, Defendants, Marathon Pipe Line Company, Intervener.

United States District Court W. D. Michigan, S. D.

May 26, 1967.

Attorney(s) appearing for the Case

Wrape & Hernly and Harold G. Hernly, Washington, D. C., Poppen, Street & Sorensen and Harold M. Street, Muskegon, Mich., for plaintiff.

Harold D. Beaton, U. S. Atty., Grand Rapids, Mich., Robert W. Ginnane, Gen. Counsel, and John E. Faulk, Atty., I.C.C., Washington, D. C., for defendants.

Warner, Norcross & Judd and Leonard D. Verdier, Jr., Grand Rapids, Mich., Donald W. Markham, Washington, D. C., Joseph F. Diver and R. Joseph Opperman, Findlay, Ohio, for intervener.

Before McCREE, Circuit Judge, KENT, Chief Judge, and ROTH, District Judge.

KENT, Chief Judge.

This is an action on the part of the plaintiff under Title 28 U.S.C. § 2321 et seq. to set aside and enjoin an order of the Interstate Commerce Commission, Division 2, which provides in part:

"That the suspended schedules provide for the application of a basis of rates which does not exceed the level of maximum reasonableness, and which is not otherwise unlawful; * * *."

The plaintiff, Naph-Sol Refining Company, is a small...

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