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JAMES HUGHES, INC. v. UNITED STATES

67 Civ. 2500.

292 F.Supp. 372 (1968)

JAMES HUGHES, INC., Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission, and S. C. Loveland Co., Inc., Defendants.

United States District Court S. D. New York.

November 15, 1968.

Attorney(s) appearing for the Case

Christopher E. Heckman, New York City (Foley & Martin and Richard E. Meyer, New York City, of counsel), for plaintiff.

Raymond M. Zimmet, Washington, D. C. (Robert W. Ginnane, Gen. Counsel), for defendant Interstate Commerce Commission.

Peter A. Greene, Washington, D. C. (Macleay, Lynch, Bernhard & Gregg, Washington, D. C., Donald Macleay, Washington, D. C., on the brief; Thomas Liese, Seymour H. Kligler, New York City, of counsel), for defendant S. C. Loveland Co., Inc.

Brian J. Gallagher, Asst. U. S. Atty. (Edwin M. Zimmerman, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, John H. D. Wigger, Atty., Dept. of Justice), for defendant United States.

Before HAYS, Circuit Judge, and METZNER and MANSFIELD, District Judges.

HAYS, Circuit Judge:

This three-judge court was convened pursuant to 28 U.S.C. §§ 2284 and 2325 (1964) to consider plaintiff's action to suspend, annul, set aside and reverse an order of the Interstate Commerce Commission.

Plaintiff is presently authorized by the ICC to operate as a common carrier by non-self-propelled vessels (barges) between ports and points along the Atlantic coast and tributory waterways, not including the New York State Canal...

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