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CHEMICAL LEAMAN TANK LINES, INC. v. UNITED STATES

Civ. A. No. 3560.

298 F.Supp. 1269 (1969)

CHEMICAL LEAMAN TANK LINES, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Brown Brothers Express, Inc. (Peerless Transport Corp.), Intervening Defendant.

United States District Court D. Delaware.

April 22, 1969.

Attorney(s) appearing for the Case

Arthur F. DiSabatino, of Killoran & Van Brunt, Wilmington, Del., Leonard A. Jaskiewicz and J. William Cain, Jr., of Grove, Jaskiewicz & Gilliam, Washington, D. C., for plaintiff.

Alexander Greenfeld, U. S. Atty., Wilmington, Del., Edwin M. Zimmerman, Asst. Atty. Gen., and John H. D. Wigger, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel I.C. C., and Steven Kazan, Washington, D.C., for Interstate Commerce Commission.

H. James Conaway, Jr., of Young, Conaway, Stargatt & Taylor, Wilmington, Del., J. G. Dail, Jr., of Croft & Dail, and Chester A. Zyblut, Washington, D. C., for intervening defendant.

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

OPINION

LAYTON, District Judge.

This is an action brought by Chemical Leaman Tank Lines, Inc. (Chemical Leaman), a motor carrier, subject to Part II of the Interstate Commerce Act, 49 U.S.C., to enjoin, set aside, vacate and annul certain orders of the Interstate Commerce Commission. The orders challenged are (1) that of Division I denying six motor carriers,1 the plaintiff among them, leave to file a petition for reconsideration...

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